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(영문) 부산지방법원 2017.03.15 2016고단8365
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 28, 2016, the Defendant: (a) driven a Dco-owned truck under the influence of alcohol content of approximately 0.142% from the section of approximately 3km from around 05:18,00 to the front road of the Busan East-gu C, Busan-gu, to the front road of the Busan Jin-dong.

2. The Defendant is also a person who is engaged in driving a truck on the Banco, even though the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes.

On August 28, 2016, the Defendant driven the above vehicle under the influence of alcohol as stated in the above paragraph 1 above around 05:18, and driven the front road of the Busan Jin-gu, Busan, at a speed of 40km from the intersection to the Jin-do intersection at a speed of 40km.

At the time, at night, there was a place where the center line of the yellow-ray was installed, so in such a case, there was a duty of care to prevent accidents by safely driving the motor vehicle, such as operating the motor vehicle at a speed lower than normal, operating the steering system accurately, not harming the central line by accurately operating the steering and operating the steering system.

Nevertheless, the Defendant neglected to drive under the influence of alcohol while driving normally, and found the fK5-si that was driven by the driver E (52 tax) who was driven in the opposite lane due to the negligence of driving the center line, late later, and operated the fK5-si, but did not avoid it, and received the front part of the vehicle in front of the Defendant’s driving vehicle.

As a result, the Defendant caused the death of the victim E in the same job due to the damage to the chest and scarf, and suffered injury to the victim G (30 years old) who was on the said taxi as a customer, due to the above occupational negligence, and suffered injury to the victim G (30 years old) who was on the said taxi due to approximately eight weeks of medical treatment.

Summary of Evidence

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