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(영문) 부산지방법원 2013.07.31 2013고단1072
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

On April 4, 2011, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act in the Sungnam branch of Suwon District Court on April 4, 201, and was sentenced to a fine of 5 million won by the same court on April 9, 2012 and violated Article 44 (1) of the Road Traffic Act on at least two occasions.

The defendant is a person who is engaged in driving a Brenren car.

On December 7, 2012, the Defendant driven the said vehicle at a speed that is difficult to drive normally due to the influence of alcohol by 0.212% of the blood alcohol concentration without a driver’s license on December 23:45, 2012, and proceeded at a speed that makes it impossible to identify the speed of time in accordance with one lane from the ridong to the crob hotel located in the new-gu, Busan.

At the same time, the victim C(53 years old) was stopped in accordance with the stop No. 53 years old, so in such a case, a person engaged in driving service has a duty of care to look at the front and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the duty to prevent the accident from being driven in advance.

Nevertheless, the Defendant neglected to do so and followed the part concerning the rear part of the victim’s vehicle C driving as the front part of the Defendant’s driver’s vehicle and resumed the vehicle, and received the front part of the victim’s E(53 years old), which was stopped after the Defendant’s vehicle, as the rear part of the Defendant’s driver’s vehicle.

The Defendant by occupational negligence sustained injury to the victim C, such as salt, tensions, etc. in the cirratal drilling, which requires approximately three weeks of medical treatment, and injury to the victim E in light of the cirratum’s salt and tension that require medical treatment for about one day.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. The register of driver's licenses;

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