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(영문) 부산지방법원 동부지원 2013.11.20 2013고단2825
도로교통법위반(음주운전)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. On October 6, 2013, the Defendant driven CM520 automobiles under the influence of alcohol by 0.148% from the section of about 500 meters from the front of the 2nd Dong-dong, Busan Shipping Daegu, to the same 2nd road.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a passenger car.

On October 6, 2013, at around 01:25, the Defendant, while under the influence of alcohol, driven the said car in accordance with the foregoing paragraph 1, and led to a three-lane behind the new city in Busan, Daegu, Maritime Affairs and Fisheries, along with one-lane from the direction of the transmission to the luminous intersection.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by reporting the traffic situation well and safely.

그럼에도 불구하고 피고인은 이를 게을리 한 채 진행방향 좌측 터널입구의 충격흡수대를 보지 못하고 피고인이 운전하는 승용차 전면부로 1차 충격하고 튕겨져 나가면서 같은 방향 3차로를 따라 진행하던 피해자 D(26세)가 운전하는 E 스파크 승용차의 좌측면 부위를 피고인 운전의 승용차 전면부로 충격하였다.

Ultimately, under the influence of alcohol, the Defendant suffered approximately two weeks of medical treatment due to the negligence of the above occupational negligence, such as the right dog, which requires medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

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

1. Relevant provisions of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and choice of imprisonment with prison labor concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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