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(영문) 부산지방법원 동부지원 2014.08.20 2014고단773
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

On April 26, 2014, at around 00:44, the Defendant driven the above cargo vehicle without a driver's license, while under the influence of alcohol level of 0.124% on Apr. 26, 2014, and led the Defendant to drive the above cargo vehicle at a non-speed speed in the direction of the Namcheon-gu, Busan at a one-lane between three lanes in front of the main road located in the Namcheon-gu, Busan.

Since there are frequent traffic of motor vehicles to the intersection with a signal, the driver of the motor vehicle had a duty of care to prevent accidents by accurately manipulating the steering room and the steering gear.

However, as above, the Defendant was negligent in manipulating the operation of the brake while driving the above cargo in a situation where it is difficult to drive normally, such as a remote distance, while under the influence of alcohol, and caused the Defendant’s injury to the victim E (n.e., the victim C (V. 53) who was driving the wing taxi at the same lane as the Defendant. The Defendant got the driver of the victim C (V. 53 years old) who was driving the wing taxi at the same lane as the Defendant, and due to its shock, he again got the driver of the vehicle driving on another lane, while driving the said taxi on the front part of the victim E (n.e., the 48 years old) who was driving on the other lane, thereby getting the victim C to receive approximately two-day medical treatment, and the victim E suffers from the injury of the falpted part of the troke wall that needs to be treated on the right part of the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in C and E preparation;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of a sound driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.

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