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(영문) 부산지방법원 동부지원 2013.08.20 2013고단1861
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

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is also a person engaging in driving cars.

On May 27, 2013, the Defendant driven the above cargo vehicle while under the influence of alcohol of 0.128% with a blood alcohol concentration of 0.128%, and led to the course from the intersection of the territorial intersection, along with the three-lane road in front of the kingsan Cr. Cr., located in the Gandong-gu, Busan.

At the same time, there was a motor vehicle stopping in accordance with the stop signal, so in such a case, there was a duty of care to safely drive the steering system and the brake system by reducing the speed and properly operating the steering system and the steering system while living well on the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the Defendant was also under the influence of the victim C, who was parked in accordance with the suspension signal prior to the cargo vehicle, following the car driven by the victim C, which was driven by the driver.

As a result, the Defendant suffered injury to the victim by negligence in the course of business which drives a motor vehicle while normal driving is difficult due to drinking, such as a confection for about two weeks.

2. On November 9, 2009, the Defendant was notified of a summary order of a fine of one million won at the Busan District Court for a violation of the Road Traffic Act (driving) and on November 17, 2013, the Defendant was sentenced to a fine of two million won at the same court as the same crime, and the above summary order and the judgment became final and conclusive.

Although the Defendant had twice the same electric power, on May 27, 2013, at around 22:47, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.128% without obtaining a driver’s license from about 10 meters from the side road near the Yansan-dong, Busan, to the roads in front of the Jeju Yansan mountain, located in the same Dong.

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