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(영문) 부산지방법원 동부지원 2013.09.25 2013고단2295
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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 June 21, 2013, from around 04:30 to around 05:00 the same day, the Defendant driven CM5 car under the influence of alcohol with approximately 0.057% of alcohol concentration from the road front of the Grand hotel located in the Do of Busan Shipping Daegu to the roads of the same Seoul Hot Spring.

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 CM5 vehicle;

On June 21, 2013, the Defendant: (a) around 05:00 on June 21, 2013, walked off the string of the horse, divided the horse into a string, smelled in the entrance, and snicked in the smell. The Defendant driven the said car in such a state that it is difficult to drive the car normally due to influence of drinking such as with red and snow shocking, and led to the driving of the said car along the three-lane road in front of the Seoul hot spring located in the Doluri-dong, Busan Metropolitan City.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering direction and brakes well, and by accurately manipulating the steering direction and brakes.

Nevertheless, as seen above, the Defendant neglected to drive normally due to influence of drinking and neglected to do so at the front-time and neglected to do so at the front-time, and took the back-line of the victim D (W, 30 years old) driving E-ray car in the front-time of the Defendant’s driver’s vehicle in the front-time driver of the Defendant’s vehicle, and caused the shock to conflict between the victim F (66 years old) driving on the opposite line and the left-hand side of the victim F (F) driving of the said E-ray car in the front-time driver’s vehicle.

Ultimately, the Defendant driven a car in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the pertinent D, such as brain, which requires a medical treatment for about 20 days, and the climatic salt for about 20 days, respectively.

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