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(영문) 부산지방법원 동부지원 2017.02.15 2016고단2630
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person who is engaged in driving a B B B B B car.

On November 11, 2016, the Defendant driven the said car under the influence of alcohol content of 0.29% in blood at around 18:15 on November 11, 2016, and led to the intersection of the said car in front of the shooting distance in the south-gu Mann-dong of Busan City, to the parallel of the East-dong government.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive a motor vehicle so that it does not go beyond the center line by accurately operating the operation and steering gear by checking the front, left, and well.

Nevertheless, the Defendant neglected to drive the said car under the influence of alcohol and continued to drive it entirely on the opposite side of the direction of the proceeding. The part of the DK5 car driven by the victim C(28 years old) of the DK5 car driven by the signal signal signal in front of the left side of the DK5 car operated by the Defendant, the Defendant shocked into the front part of the DK5 car driven by the Defendant, and due to the shock, the victim C’s vehicle was pushed back to the left side, and the part was pushed down on the right side of the e (38 years old) of the victim C’s K5 car driven by the Defendant while driving the above car in the right side of the e (38 years old).

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered from the injury of the victim C and the victim E, such as salt, tension, etc. in need of approximately three weeks medical treatment.

2. On the same date as stated in the above paragraph 1 above, Defendant 1 was under the influence of alcohol level of about 1.5 km from the road near the sex public announcement in the Southern-gu Busan Metropolitan City, to the reduction distance in the south-gu, Busan Metropolitan City, the place where the said accident occurred. The Defendant 1 was under the influence of alcohol level of about 0.29% in alcohol level of the blood while under the influence of alcohol level of about 1.5 km.

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