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(영문) 부산지방법원 2013.10.16 2012고단7571
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a taxi for business purposes B.

On July 11, 2012, at around 22:10, the Defendant continued to drive approximately 3 km section from the front of the Geumcheon-dong, Busan Metropolitan City, to the front road of the Gicheon-dong apartment in the same Gu, with approximately 0.137% of blood alcohol concentration, and the Defendant continued to drive approximately 40 km per hour while normal driving is difficult, such as red-lighting on the face.

At the time, the night-time Hashe was off, and the front day, the victim C (manam and 39 years old) driven by the victim C was a signal atmosphere, so the driver of the motor vehicle had a duty of care to accurately operate the steering gear and brake system and to safely proceed by controlling speed in advance.

Nevertheless, the Defendant neglected to set a speed and failed to proceed with the driving of the vehicle as it is, by negligence, received the back part of the vehicle driven by the Defendant as the front part of the vehicle driven by the Defendant, and due to this, received the back part of the vehicle driven by the Defendant, and thereby, received the F lus-man car driven by E while being pushed down in the future.

Ultimately, while driving under the influence of alcohol while normal driving is difficult, the Defendant suffered injury to the victim C, such as light fluoral salt, which requires a two-day medical treatment, due to the foregoing occupational negligence, and suffered injury to the victim G (V, 33 years old) who was on the said Schlage-ma vehicle, such as light fluoral salt, which requires a two-day medical treatment.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A written statement of C and E;

1. A report on detection of a host driver;

1. An accident site photograph;

1. Application of each written diagnosis (C, G) statute;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime in question, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving) of the same Act.

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