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(영문) 부산지방법원 동부지원 2014.04.23 2014고단238
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 18, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a vehicle in front of the Young-gu, Busan, with a blood alcohol concentration of 0.142% under the influence of alcohol, and proceeded along three-lanes between the four-lanes in the direction of the Yellow-gu tunnels.

At the time, there are nights and signals at all places, so in such cases, the driver of the vehicle has a duty of care to live well in the front door and to operate the brakes properly.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C (year 42) who was under a stop due to negligence not operating the brakes properly, due to the negligence of neglecting this, and was driven by the victim C(year 42). The Defendant was placed in the front part of the Defendant’s vehicle.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered from the injury such as fluoral salt, etc. in need of treatment for about two weeks to the said C, and the injury to the victim E (the aged 29) who was on board the said taxi for about two weeks to the victim E (the aged 29) who was on board the said taxi.

2. The Defendant violated the Road Traffic Act (MM7) at the time and time set forth in paragraph 1, the Defendant driven a vehicle B ST (SM7) in a state of alcohol alcohol concentration of approximately 0.142% at the distance of about 10km from the Do prior to the frequency of the accident described in paragraph 1, where it is impossible to identify the name located in the city of the Slick-gu of Busan, Busan at the time and time set forth in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Each written diagnosis;

1. Investigation Report - Investigation into Application of Defendant Badmark

1. Application of Acts and subordinate statutes to a criminal investigation report (Correction of blood alcohol density of a defendant who is presumed by the police);

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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