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(영문) 부산지방법원 동부지원 2016.04.25 2016고단147
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle BM7 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) and the Road Traffic Act (unlicensed driving).

On April 14, 2016, the Defendant driven the said car without a driver’s license on the same day, and led to the driving of the said car in the direction of C from the direction of Maritime Daegu to the direction of C in order to drive the D oil station in the city of Busan.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side and drive the motor vehicle safely.

Nevertheless, the Defendant received the back portion of the F-business taxi right side of the victim E (S) who was waiting for the signal at the front side of the said car due to the negligence that the Defendant was unable to drive normally while under the influence of alcohol, such as smelling, drinking, unbanding, drinking, and booming snow, while driving in front of the said car.

As above, Defendant 1 driven the said SM7 car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the fluoral salt, etc. which requires approximately three weeks of medical treatment to the said E, and suffered injury to the victim G (V, the passengers of the said fluoral) that requires approximately two weeks of medical treatment to the said fluoral G (the age 45).

2. On January 15, 201, the Defendant violated the Road Traffic Act (Refusal of measurement of drinking), was under the influence of alcohol by drinking, such as crossing and snowping to I’s questions asked by a policeman belonging to the H earth, who was called out after receiving a report immediately after the same traffic accident as the preceding paragraph, from the traffic survey team of the plane captain located in the front area of the Busan Si/Gun, Gun, Busan, on the surface of the police station at around 00:45, 201.

There are reasonable grounds to recognize that the captain has been required to take a drinking test on three occasions from the JJ of the traffic survey department of the police station, but he/she did not comply with the request without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Traffic accidents against E and K.

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