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(영문) 부산지방법원 서부지원 2018.01.18 2017고단1380
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 the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person who is engaged in driving the B-learning passenger car.

On December 29, 2016, the Defendant driven the said car with a alcohol content of 0.142% 0.142% of alcohol during blood transfusions, and changed the lane from the Gupo-dong to the 119 safety center in front of the 119 safety center, which is located in 950 mother in accordance with the white-ro of Busan City, along with the two lanes from the Gupo-dong to the Mona Intersection.

A person engaged in driving motor vehicles has a duty of care to safely change the vehicle line by checking the progress of the vehicle line that he/she intends to transfer or change.

Nevertheless, the Defendant neglected this and was negligent in changing the vehicle line in the situation where normal driving is difficult due to the influence of alcohol as seen above, and received the back portion of the Dworkren car driven by the Defendant in front of the Defendant’s driver’s vehicle, which was the victim C (51 tax) who was waiting in the front line at the first right line.

Defendant 1 suffered injury to the victim E (54) by negligence in the course of performing the above duties that requires treatment for about five days, and the victim E (54) who was on the part of the damaged vehicle, due to the fact that the victim E (54) was not in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the frighting car under the influence of alcohol content of about 0.142% at the 3km section before the 119 Safety Center, from the Do in front of the 1148 large-scale fishery in the north-gu, Busan at the time of the above day to the road before the 119 Safety Center.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. E statements;

1. A traffic accident report;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning criminal facts.

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