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(영문) 부산지방법원 2015.01.14 2014고단7431
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On April 1, 2005, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act; on January 2, 2009, the Defendant was issued a summary order of KRW 1 million for the same crime at the Busan District Court; on February 9, 201, the Defendant was issued a summary order of KRW 2 million for the same crime at the Busan District Court.

【Criminal Facts】

1. On May 24, 2013, the Defendant: (a) driven a B rocketing car with a blood alcohol content of about 300 meters from the 300-meter section to the road in front of the DNA clothing store located at the lower end of the Busan estuary, around 15, 2013, while under the influence of alcohol by 0.239%.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B rocketing car.

On May 24, 2014, around 21:15, the Defendant continued to drive the D's clothes store front of the D's clothing store in Busan Seo-gu C from the lower distance from the lower distance.

Since the place has a center line of yellow-ray, the defendant engaged in driving of the motor vehicle has a duty of care to keep the front door well and prevent accidents in advance.

Nevertheless, the Defendant neglected this and found a FIsta car driven by the victim E(34 years old) who changed the vehicle from the two-lanes to the one-lanes of the center line in the situation where it is difficult to drive the vehicle normally due to influence of drinking, and did not avoid it, and received the victim's left-hand top-hand part of the vehicle by the victim's driver.

As a result, the Defendant, by negligence in the above business, sustained injury to the victim, such as climatic salt, which requires approximately two weeks of medical treatment, and victim E.

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