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(영문) 부산지방법원 동부지원 2014.01.29 2013고단1117
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 27, 2013, the Defendant: (a) driven a B-be truck under the influence of alcohol leveling 0.192% from the 5km section from the roads near the Busan Eastdong market to the roads front of the king in the Daegu East-do, Busan-do; (b) around 23:14, 2013, the Defendant driven a B-be truck under the influence of alcohol leveling 0.192%.

2. The defendant is engaged in driving of B Poter cargo vehicles.

On February 27, 2013, at around 23:14, the Defendant, while under the influence of alcohol, driven the above cargo, and led to a five-lane road in front of the king Man-do, Busan Metropolitan City, Daegu Metropolitan City, to drive on the side of the East-do market at about 50km each hour according to two-lanes.

In such cases, a driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents by safely driving such as reporting the traffic situation well and accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected this and proceeded as it is while driving at a stop line, and sees the back part of the DST5 car driven by the victim C (the age of 58) who was in the atmosphere of the signal at the stop line into the front part of the Defendant’s Poter, and due to the shock, the said SM5 car led to the back part of the E-throman car driven by the victim F (the age of 60).

As a result, the Defendant suffered injury to the victim C, such as brain dynasium which requires treatment for about four weeks due to the above negligence in the course of business, and the victim H (V, 26 years of age), who is the victim F and taxi passengers, for about two weeks of medical treatment, respectively.

Summary of Evidence

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