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(영문) 부산지방법원 동부지원 2016.04.21 2016고단250
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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. Around February 12, 2016, the Defendant violated the Road Traffic Act (drinking) driven BM5 vehicles under the influence of alcohol at approximately 0.170% of alcohol level in the 1km section from the front of the restaurant of “lick of ducks-do,” which is located in the repair of the Eup in the articles of incorporation of the Busan Gun, to the front intersection of “lick-do, 1,000 square meters” in the same Ri.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused by danger) Defendant 1, who is engaged in driving the said SM5 vehicle, driven the said vehicle under the influence of alcohol as above at the time specified in paragraph 1, and driven the said vehicle at a 101-lane 4-lane crossing in front of the “Annst City only,” which is located in repair for the military of the captain of Busan.” The two-lanes of the two-lane 101, namely, “annst City only,” which is located in repair for the military of the captain of Busan.

At the time, since it is an intersection where a signal is installed at night and there is a signal at that time, the driver of the motor vehicle has a duty of care to reduce the speed while putting the front door to the person engaged in the driver's duty of care and to prevent the accident by proceeding well with the other vehicles' attitudes in the signal light and the front door.

Nevertheless, the Defendant neglected to drive a car in a state where normal driving is difficult due to influence of drinking and failed to keep the vehicle in front at a speed without looking at it and proceeds without reducing the speed, and received the back portion of the D Ka car of the victim C(44 ) who was waiting for signal at the front of the Defendant’s driving car.

Ultimately, the Defendant suffered injury to the victim, such as catum dynasium, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of a traffic accident prepared C;

1. A traffic accident report;

1. Making a statement on the circumstances of the driver involved in driving, making a report on the detection of the driver involved in driving, and inquiring about the results of regulating drinking;

1. The application of the law of the medical certificate.

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