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(영문) 부산지방법원 2018.07.12 2017고단5682
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Death, etc.) is a driver of G lus vehicle volume.

On September 9, 2017, the Defendant driven the said car under the influence of alcohol content of 0.137% during blood transfusions on September 02:15, 2017, and was driving in front of the elementary school of the early East-dong, Busan, the Defendant was driving in the speed from the permanent residence to the elementary area of the elementary area.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the brake and steering gear, and driving the motor vehicle safely by keeping the front left and right well.

Nevertheless, the Defendant neglected to do so and neglected to do so and neglected to do so, and neglected to do so, and neglected to do so on the road while under the influence of alcohol, and committed a victim H (V, 60 years of age), which was used on the road, on the lower part of the Defendant’s vehicle and in other fishing.

Ultimately, the Defendant caused the death of the victim due to the above occupational negligence due to the damage of head, body body, arms and legs.

2. The Defendant, from around 02:10 on September 9, 2017 to around 02:15 on the same day, driven a lucian car at a distance of about 300 meters from the e-mail apartment parking lot in the Seocho-dong, Busan-dong, Busan to the front road of the elementary-dong, Busan-dong, with approximately 0.137% alcohol concentration in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness I, J, K and L;

1. A protocol concerning the examination of the police officers of the accused;

1. A corpse death certificate;

1. A traffic accident report, a report on the circumstances of the driver at the main place of driving (report on the situation of the driver at the main place of driving), a traffic accident report, an investigation report, an investigation report (as to the circumstances of the driver at the main place of driving and the state of drinking), a ledger using a drinking measuring instrument, an investigation report (on the road structure and site photographs of the accident site), photographs at the time of the accident, investigation report (as to the black stuff image), a lock stuff image output, and a driver at the main place of driving.

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