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(영문) 부산지방법원 2016.06.16 2016고단1368
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by a fine of six million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving a motor vehicle with B-to-purd motor vehicle.

On January 24, 2016, the Defendant driven the said car under the influence of alcohol content of 0.122% in blood around 00:10, and led to the passage of the five-lane road in front of the Han Bank near the Sinsan-dong, Seosan-dong, Busan Metropolitan City, to the intersection of Sinsan-do.

There was a duty of care to prevent a person engaged in driving service from driving under the influence of alcohol.

Nevertheless, the Defendant, by negligence in the course of driving a motor vehicle in a situation where normal driving is difficult due to the influence of alcohol, suffered from the injury of the victim C (53) who was waiting in the signal waiting at the front side of the driving direction of the Defendant, by taking the front part of the Defendant’s vehicle as the front part of the Defendant’s passenger vehicle for about 8 weeks, and suffered from the injury of the external reproduction that requires approximately 2 weeks medical treatment to the victim E (the 26-year old-age), who was on board the said taxi, for approximately 2 weeks of medical treatment.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven the hurfed car with an alcohol content of about 0.122% from blood in the section of approximately 2km from the Do near the Busan Metropolitan City, Jin-dong, Busan Metropolitan City to the above place.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report, a statement on the circumstances of the driver at home, and a report on the detection of the driver at home;

1. Application of Acts and subordinate statutes to each investigation report (record 22, face 26, face 28);

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

2. Articles 40 and 50 of the Criminal Act among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (only between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the death or injury before

3. Punishment;

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