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(영문) 부산지방법원 2014.07.07 2014고단3206
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a Grandroth.

1. On March 25, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said maid vehicle under the influence of alcohol concentration of 0.175% at around 23:30 on March 25, 2014, while driving the said maid maid maid maid maid maid-dong in Busan, Busan, at about 30km from the direction of the (Gu) maid maid maid maid-dong in Busan, the Defendant

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant did not discover the D low-speed motor vehicle driven by the victim C (year 49) who was waiting in the signal in the direction opposite to the said Jinyang-lane area due to the negligence of driving while normal driving is difficult due to drinking, and received the front part of the said motor vehicle as the front part of the said passenger vehicle.

As a result, the Defendant suffered, by its occupational negligence, the injury to the Defendant, such as salt, tensions, etc., in need of approximately three weeks of medical treatment, and the injury to the victim E (V, 40 years of age) who was on board the said car, such as strings, requiring approximately eight weeks of medical treatment.

2. A violation of the Road Traffic Act (MM) was driven by the Defendant in such a state as to be under the influence of alcohol of about 0.175% from the 2km section from the date and time stated in the preceding port to the Janyang-dong located in Busan-dong, Busan-dong to the Janyang-dong located in Busan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. The report on traffic accidents (the actual survey report);

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