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(영문) 부산지방법원 2016.07.14 2016고단1041
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car BK3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury prior to the risk).

On January 28, 2016, the Defendant driven the said car under the influence of alcohol content of 0.111% among blood transfusions on January 28, 2016, which led to the direction of training from the direction of return to the road in front of the apartment in the direction of return by the United Nations on the one-lane located in the 2nd So-gu Seoul Metropolitan City, Seoul Metropolitan City.

At the same time, it was getting off at night, and there was a yellow signal that was installed with signal apparatus, so in such a case, there was a duty of care to reduce the speed and to drive safely by checking the right and the right well.

Nevertheless, the Defendant neglected to do so while driving a vehicle due to negligence in the course of his duties, and received the victim C (the age of 55) who crosses the road to the right-hand side of the Defendant’s driving direction from the Defendant’s driving direction to the front-hand part of the Defendant’s vehicle.

As a result, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to the influence of alcohol, suffered injury such as the closure of the body body of the light frame which requires approximately 14 weeks medical treatment to the victim.

2. Defendant 1 driven the said car under the influence of alcohol content of about 0.11% from the 1km section of blood in the 1km section from the 4-dong Donsan Donsan-gu, Busan Metropolitan City at the same time to the above place.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report, a traffic accident occurrence report, or a report on the detection of a primary driver;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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 each choice of imprisonment with prison labor;

2. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.

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