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(영문) 부산지방법원 2017.11.29 2017고단5080
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Reasons

Punishment of the crime

1. On October 1, 2013, the Defendant is a person who has been sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act at the Busan District Court on the grounds of a violation of the Road Traffic Act, etc. on August 1, 2013. On August 31, 2009, the Defendant was sentenced to a suspended sentence of 2 million won or more for the same crime, such as receiving a summary order of 2 million won or more for the same crime.

On June 20, 2017, around 21:25, the Defendant driven D car with alcohol level of about 0.172% from the 4km section from the front of the cultural tourism hotel located in the Busan-dong, Busan-dong to the front of the C cafeteria located in the Busan-dong, to the road located in the Busan-dong, the Defendant driven D car with alcohol level of about 4km.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person engaging in driving a DNA car.

At the time of the day set forth in paragraph 1, the Defendant driven the above car siren while under the influence of alcohol as above, and driven the two-lane road in front of the “C cafeteria” located in the Busan Dong-gu, Busan, at the entrance of the entrance of the pipe, the Defendant driven the road at a non-speed speed depending on the elevation distance.

At the time, since the victim E (51) who was driven by the same room on the front side of the defendant due to the fact that the vehicle driving signal was at night, and the vehicle driving signal was parked in the bus No. 17 and the coo car was driven by G (53) and the vehicle driving by G (53) respectively, there was a duty of care for the driver of the vehicle to take into account the traffic situation of the front side and the traffic situation of the front side and to operate it safely by accurately operating the steering and brake system.

Nevertheless, the Defendant got a part of the front part of the bus No. 17, which was driven by the Defendant due to the negligence that the Defendant was unable to properly operate the operation of the operation system due to the influence of alcohol, and caused the front part of the bus No. 17 to be driven by the Defendant due to the shock.

Ultimately, the Defendant is drinking as above.

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