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(영문) 부산지방법원 2015.05.01 2015고단1093
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of a taxi in B-ro, a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On November 14, 2014, the Defendant driven the above car at around 00:40, and led to the driving of the above car in the direction of the Office of Education in the direction of the intersection, along with the road in front of the lower intersection in the Busan Jin-gu, Busan.

In this case, the defendant engaged in the driving of motor vehicles has a duty of care to drive motor vehicles safely in accordance with the signals by checking the front side well.

Nevertheless, the Defendant neglected this, in violation of the signal in a state where normal driving is difficult due to influence of alcohol equivalent to 0.156% of blood alcohol content, and led to a shock of the front part of the D SPP car driven by the victim C (the aged 21) (the aged 21) who normally is driving on the right side from the left side of the Defendant’s driving direction to the right side.

The Defendant suffered injury that requires approximately two weeks of medical treatment to the victim C and the victim E (year 21) who is a partner of the said SP car by occupational negligence as above.

2. A violation of the Road Traffic Act (driving) provided that the Defendant driven a B-ro taxi in the state of alcohol alcohol concentration of about 0.156% at the 1km section from the date and time specified in paragraph (1) on the roads near the B-ro road located in the Seosan-dong of Busan Metropolitan City to the H-ro intersection specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident in C and E;

1. A medical certificate;

1. Report on detection of a user driver and report on the circumstances of the user driver;

1. Application of Acts and subordinate statutes to traffic accident reports, photographs related to accidents, and traffic accident reports;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the relevant criminal facts, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act.

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