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(영문) 부산지방법원 동부지원 2014.04.07 2014고정318
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a B-free car.

On October 13, 2013, the Defendant driven the said car under the influence of alcohol of 0.138% of the blood alcohol concentration around 18:00, and driven the said car, and was proceeding to the Zscki in front of the Zscki in the Busan metropolitan traffic Daegu-dong, Busan, at the Hasan Elementary School.

In such cases, a driver of a motor vehicle has a duty of care to live well on the right and the right and the right of the motor vehicle and to prevent accidents in advance by using the steering gear and brakes as appropriate.

Nevertheless, the Defendant neglected to perform his duty at all times in a state where normal driving is impossible due to the above influence of drinking, and was negligent in neglecting the Defendant’s duty to drive in front of the vehicle in front of the Defendant’s vehicle, thereby getting the victim C(the age of 43)’s drive while stopping according to the stop signal in front of the vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt ties, tensions, etc. of the chills that require three-day treatment on the part of the victim, and inflicted injury on the e (the 43-year old-age-old E) on the chills, tensions, etc. in need of one-day treatment, and on the f (the 16-year-old-age-old level) in need of two-day treatment on the fluoral G (the 12-year-old level-old level-old level-old level-old level-old level).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime by applicable law;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes"), respectively, are applicable to the aggravated punishment, etc. of specific crimes against the victim C with a heavier penalty.

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