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(영문) 부산지방법원 동부지원 2013.03.27 2013고단427
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On May 12, 2009, the Defendant has the record of being sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Busan District Court on May 12, 2009, and a fine of KRW 2 million for the same crime at the same court on August 11, 2010.

On December 11, 2012, around 02:50 on December 11, 2012, the Defendant driven a Bsch Rexton car under the influence of alcohol concentration of 0.109% without obtaining a driver’s license from the front side of the restaurant where it is impossible to know the trade name near the Gungdong located in the Nam-gu Busan Metropolitan City to the front side of the intersection where it is impossible to identify, and from about about 1km to the Gung-dong located in the Namcheon-gu.

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 Bsch Rexton car.

On December 11, 2012, the Defendant was under the influence of alcohol with 0.109% of blood alcohol concentration around 02:50 on December 11, 2012, and was under the influence of 0.109% on the side of the KBS broadcasting station, according to 3-lanes of 5 lanes on the southwest-dong, Busan.

At night, there was a cross-section at that time, and in such a case, there was a duty of care to look at the front side and the right and the right and the right and the right and the right of the driver, and to accurately manipulate the steering direction and the system in accordance with the new code, to prevent the accident from occurring.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, received the back portion of the victim C (ma, 48 years old) driving in the two-lane signal, as the front portion of the Defendant’s passenger car.

As a result, the Defendant suffered injury to the victim C and the passenger E (E) who was on the back seat of the said taxi due to the foregoing occupational negligence in a situation where normal driving is difficult due to the influence of alcohol, by causing approximately two weeks of medical treatment, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. C and E written statements;

1. The actual condition survey report;

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