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(영문) 부산지방법원 동부지원 2016.10.24 2016고단1542
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 engaging in driving a new character B.

On June 17, 2016, the Defendant driven the said car with a blood alcohol concentration of 0.341% 0.341% as of June 17, 2016, and led to the driving of the said car along the five-lane road in front of the Busan Western-dong Office, Busan, along the one-lane from the opposite side to the literacy intersection.

A person engaged in driving of a motor vehicle shall not operate a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has the duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a good report on the traffic situation, operating the steering and brake system accurately, etc.

Nevertheless, the Defendant, while under the influence of alcohol content 0.341%, did not find out that the Drocketing car driven by the victim C(the age of 60) prior to the same direction by negligence, was stopped according to the stop signal while neglecting such duty of care, and did not find out that the Defendant used the front part of the said car, which the Defendant driven, followed by the stop signal, and caused the following part of the FF bus driven by the Defendant, which was stopped according to the stop signal in the same direction as that of the said car.

As above, the Defendant suffered injury to the victim C by negligence in the course of driving the said vehicle in a situation where normal driving is difficult due to the influence of alcohol, such as dynasium, tension, etc., which requires approximately two weeks of medical treatment, and injury to the victim G (V, 18 years of age) who was on board the said rocketing car, such as light dynasium, tension, etc., for about two weeks of medical treatment.

2. On June 17, 2016, the Defendant violated the Road Traffic Act (driving) from the road front of the same speed in the Dong-gu Busan Metropolitan City (hereinafter referred to as the "Dong-dong") to Busan.

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