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(영문) 부산지방법원 2015.08.25 2015고단2299
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a driver of B radar car;

On March 20, 2015, at around 01:10, the Defendant driven a four-lane, one of four-lanes in the front of the D restaurant located in Busan City, the Busan city, the Busan city, under the influence of alcohol concentration of 0.204% and the normal driving of the D restaurant is difficult, such as walking and walking, in writing.

The Defendant, while under the influence of alcohol, she was at the right side of the victim E (ma, 54 years old) who stopped at the taxi stops at the taxi stops due to the negligence of driving the taxi, and led the victim G (ma, 51 years old) who stopped at the taxi stops, to conflict with the victim G (ma, 51 years old)'s Hastststy or other business taxi in front of that taxi while being pushed down in front of that taxi.

As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim E, such as light salt, etc. which requires a medical treatment for about three weeks, and injury to the victim G, such as light salt, tension, etc. for two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven the said car under the influence of alcohol with a blood alcohol concentration of about 0.204% from the 1km section to the place where the accident described in paragraphs (1) occurred on the judis department store next to the department store located in Busan-gu, Busan-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in E and G;

1. Each written diagnosis;

1. A written report on the personal exposure of a drinking driver (blood collection result), and a written appraisal of blood alcohol;

1. A traffic accident report;

1. Application of the Acts and subordinate statutes to photographs of traffic accident-related site, black booms, video materials and photographs of damaged vehicles, and to capture CCTVs at the accident site;

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Criminal Act.

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