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(영문) 부산지방법원 2016.06.22 2016고단2322
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Act on the Aggravated Punishment, etc. of Special Crimes (Death or Injury caused before danger) is a person who is engaged in driving a first car in B.

On May 6, 2016, the Defendant driven the said car under the influence of alcohol level of 0.174% among blood transfusions on May 22:20, 2016, and continued to drive the said car under the influence of alcohol level of 0.174%.

Since the place is a smooth place of vehicle traffic, in such a case, the driver of the vehicle is prohibited from driving the vehicle while normal driving is difficult due to influence of drinking, and the driver of the vehicle has the duty of care to operate the steering gear and the brake in a safe manner by accurately manipulating the steering gear and the brake system.

Nevertheless, the Defendant neglected to do so and did not accurately operate the steering gear and steering system in a state where normal driving is difficult due to influence of drinking, and was negligent in not operating the steering gear and operating the steering system accurately, and the part of the victim C (the 34-year-old driver) who was at the front of the driver's car and was at the front of the driver's car.

As a result, the Defendant suffered from the Defendant’s injury to the Defendant’s base and tension that requires approximately two weeks of medical treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a vehicle with approximately 30 meters of alcohol level from the 2nd to the 1st floor of the public parking lot located in the Busan East-gu, Busan, under the influence of alcohol level of 0.174% among the blood transfusions at the time specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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