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(영문) 부산지방법원 2014.01.08 2013고단6692
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 04:00 on August 4, 2013, the Defendant driven a Dabbbb in the state of under the influence of alcohol of about 0.13% of blood alcohol concentration from the front road of the Busan-dong, Busan-dong, to the front road of the Chuncheon Hospital located in the same Gu-dong.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the above Oral Ba while under the influence of alcohol on the same date as stated in Paragraph 1, and led to the two-lane road in front of the Chuncheon Hospital located in the Busan Jin-gu Busan Metropolitan City along the one-lane way from the front side of the Gando Hospital in writing.

The Defendant, under the influence of alcohol, could not give a frontway properly, and when the Defendant was unable to properly operate the steering direction and brakes, while disregarding the stop signal installed in front of the front of the front direction of the front direction of the front direction of the front direction of the front direction of the front direction of the front direction of the front direction, found the victim D (58 years of age) who was a bicycle riding on the left side from the right side of the front side of the front part of the said front part of the front part of the front part of the front part of the front part of the front part of the front part of the front part

As a result, the Defendant violated the signal in a state where normal driving is difficult due to influence of drinking, and driving a motor vehicle, resulting in injury to the victim, such as pulverization of a dulfing dule, which requires approximately seven weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1.Article 62(1) of the Criminal Code of the Republic of Korea:

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