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(영문) 부산지방법원 동부지원 2016.08.11 2016고단916
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On May 5, 2016, the Defendant: (a) was a person driving a Dab ma vehicle B; (b) while under the influence of around 21:15, the Defendant driven the said vehicle at a distance of approximately seven km from the parking lot of the bathing beach located in Busan Shipping Daegu to the swimming-dong located in the same Gu, while driving the vehicle at a distance of about 0.203% in alcohol level.

2. Around May 21, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven the above vehicle while under the influence of alcohol level of 0.203% in blood, as described in paragraph (1) above, and led the head of the Si/Gun/Gu, located in the Do-dong, Busan Metropolitan Government Do-ro, Busan, to the intersection of the water at a speed of about 40km per hour from the west department of the new world department store to the intersection of the water.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance, such as failing to drive a motor vehicle under the influence of drinking, performing his/her duty of care on the front side as well as performing his/her duty of driving on the front side, accurately operating the brake system, and failing to conceal the motor vehicle in front.

The Defendant, due to the negligence that the Defendant was unable to properly perform the duty of the previous week and the operation of the operation of the operation system on the street due to drinking, led the Victim C Driving's D that was waiting at the front of the traffic signal at the front of the vehicle for the Defendant's driving, and the rear part of the vehicle was set as the front part of the vehicle for the Defendant's driving, and the said franchise was set up in the future due to the shock of the vehicle for the vehicle, and received the F rocketing parts of the E driving.

In the end, the Defendant driven the above car in a state where normal driving is difficult due to influence of drinking, and caused the victim C to suffer injury such as catum fat, etc., which requires two-day medical treatment, and led the victim G, a passenger of the car, to catum fat, which requires two-day medical treatment, and caused the victim H, a passenger of the car in the car in the car in the car in the car in the car in the car in question.

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