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(영문) 부산지방법원 2015.05.19 2015고단711
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a Cran XG car.

On December 20, 2014, the Defendant driven the said car with the blood alcohol concentration of 0.118% around 23:50 on December 20, 2014, and led to two-lanes along the two-lanes from the intersection to the written intersection.

A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking well the front left.

Nevertheless, the Defendant neglected this and led the victim F.F. (58 years of age) who was driving in accordance with a single-lane course when he was negligent in changing course to a single-lane in order to make an illegal U.S., compared to the front part of the G-type taxi operated by the victim F.F. (58 years of age) to the left side of the passenger vehicle of the Defendant.

Ultimately, the Defendant, while driving the said car in a situation where normal driving is difficult due to the above occupational negligence, caused the injury to the victim, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and suffered injury to the victim H(28 years of age) who was on board the said taxi for business purpose by taking approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident by the F and A;

1. Report on the statement of the state of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) on October 19, 2012, the defendant is sentenced to a suspended sentence of imprisonment with prison labor for three years from the Busan District Court’s Branch Branch as a crime of robbery.

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