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(영문) 부산지방법원 2015.07.08 2015고단2202
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in driving a Bsch Rexton car.

At around 23:30 on March 13, 2015, the Defendant driven the said car in a state that it is difficult to drive normally, such as a 0.199% of blood alcohol concentration, and the walking condition is red, and driven the said car in a state that it is difficult to drive normally, such as a string distance, and led the intersection of the three-lane apartment in front of the Busan Northern-dong, Seocheon-dong, Busan, along the two-lanes of the 5-lane of the Jicheon-dong room in the area of the string-dong.

At the time, at night and where the signal lights are installed, there is a duty of care to prevent accidents in advance by referring the defendant engaged in driving the motor vehicle to the front and accurately manipulating the steering gear and brakes according to the traffic conditions in the location.

Nevertheless, the Defendant was negligent in neglecting this and driving the Defendant’s vehicle at the front section of the said car, which was driven by the victim C (the 60-year-old) who was parked to the front section of the said car.

As a result, the Defendant caused the injury of the victim C, the victim E (the age of 35) and the victim F (the age of 43) on the part of the victim’s vehicle due to the above occupational negligence, respectively, for approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement of the occurrence of a traffic accident C;

1. The application of Acts and subordinate statutes to the report on traffic accident, the report on occurrence of traffic accident, photographs, the report on the circumstances of taking-by driving, the report on the circumstantial statement of a drinking driver, each medical certificate, the appraisal of blood alcohol concentration, and the report on detection of a drinking driver (investigative records 33 pages);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

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