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(영문) 부산지방법원 2015.08.19 2015고단3054
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 of a vehicle BM5 car.

On April 19, 2015, the Defendant: (a) around 21:10, the Defendant operated a car driving in front of the Southern High School located in the Southern East-gu Busan Metropolitan City, which is difficult to drive normally, such as being driven under the influence of alcohol by 0.177% of blood alcohol concentration; (b) on April 19, 2015, the Defendant driven a vehicle from the south Urban Station to the Southern High School.

In such cases, the driver has a duty of care to prevent accidents by safely operating the steering direction and brake system by accurately operating it in a way that well enables a person engaged in driving service.

그럼에도 불구하고 피고인은 술에 취하여 이를 게을리한 채 운전한 과실로 피고인의 승용차 전방에 일시 정지 중인 피해자 C(29세) 운전의 D 그랜져 승용차를 충돌하고, 계속하여 C의 승용차가 앞으로 튕겨져 나가 피해자 E(52세) 운전의 F 쏘나타 승용차를 충돌하게 하였다.

Ultimately, the Defendant, while driving in a state where normal driving is difficult due to influence of alcohol, suffered from the injury of the victim C, such as a dump dump base, which requires approximately two weeks of care to the victim G (28 years of age), which requires approximately two weeks of care to the victim G (28 years of age), a cump base, tension, etc. in need of approximately two weeks of care to the victim E, and the injury of the victim H (24 years of age) who was on board the said E-car, in need of approximately two weeks of care to the victim H(24 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A statement of the occurrence of each traffic accident in E, C, G, I, and J;

1. Application of Acts and subordinate statutes, including reports on the occurrence of traffic accidents, reports on traffic accidents (1) (2), reports on the detection of drinking drivers, reports on the circumstantial statements of drinking drivers, and medical certificates;

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

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