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(영문) 부산지방법원 2015.06.09 2015고단1562
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving a motor vehicle with C

On January 30, 2015, the Defendant driven the said car under the influence of 0.113% of blood alcohol concentration around 00:06, while driving the said car, and led the five-lane road in front of the Eve point located in Busan-gu, Busan-do, to proceed about about 60km in the direction of the written intersection from the direction of the crossing to the front of the Eve point in Busan-gu.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents due to the following reasons: (a) the driver of a motor vehicle has a duty of care to prevent accidents due to the driving of the motor vehicle without driving on a roadside.

Nevertheless, the Defendant neglected to drive a car in a state where normal driving is difficult due to such influence of alcohol as above, and neglected to drive the car at the front time, and caused the Plaintiff’s Gyststa cab in the same direction as the Defendant in the front time room due to negligence, which led the Defendant to the front time part of the said car.

As a result, the Defendant suffered injury to F, such as an injury to the right-hand upper gate, which requires approximately 13 weeks of treatment by negligence in the course of the above business.

2. The Defendant violated the Road Traffic Act (Making) at the time and time set forth in paragraph (1) of this Article, the Defendant was driving from the front side of the Western Terminal located in the Busan Seo-gu trifl, Busan to the front side of the ETS store located in the Busan Jin-gu, the Defendant was under the influence of alcohol with approximately 6km alcohol concentration of about 0.113% from the 6km section.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement on the occurrence of traffic accidents;

1. A medical certificate;

1. On-going driving reports, reports on the state of his/her oral statement, and inquiry into the results of the crackdown on drinking;

1. Registers of driver's licenses;

1. 교통사고보고⑴⑵ 법령의 적용

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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