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(영문) 부산지방법원 2014.12.19 2014고단7814
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On February 6, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for fraud using computers, etc. at the Busan District Court on February 6, 2013, and the term of imprisonment was terminated at the Busan Correctional Institution on December 20, 2013.

1. The Defendant is a person engaging in driving of B rocketing taxi in violation of the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

On August 12, 2014, the Defendant driven the above vehicle on August 12, 2014, and proceeded along the two-lane in the direction of the intersection in the direction of the intersection where the road in front of the Busan Jinjin-dong, Busan is determined.

At the time, the defendant's driving direction was in progress by the victim C(n, 37 years old) with the amount of the D-crock vehicle operated by the victim C. In such a case, the defendant who is engaged in driving a motor vehicle had a duty of care to maintain the safety distance and operate the brakes accurately.

Nevertheless, the Defendant neglected this and received the rear part of the pertinent cruise vehicle in front of the said rocketing taxi that the Defendant drives while normal driving is difficult due to influence of alcohol equivalent to 0.103% of blood alcohol level.

As a result, the suspect suffered from the injury to the victim by negligence in the course of business for about 20 days, such as crypum dump, etc.

2. Around 07:45 on August 12, 2014, the Defendant driving a DNA cruise vehicle under the influence of alcohol with a blood alcohol content of 0.103% from the 2km section from the 07:45 U.S. So-called Busan So-dong (U.S.) to the roads in front of the Busan So-dong, Busan So-dong (U.S. Do-dong).

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver, a written estimate, a medical certificate, or a photograph of a black flag;

1. Application of Acts and subordinate statutes to inquiry reports;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the crime;

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