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(영문) 부산지방법원 동부지원 2015.07.22 2015고단831
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On November 19, 2007, the defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Busan District Court's branch court's branch court's branch court's order on November 19, 2007, and a summary order of KRW 1 million as a fine for the same crime in the same court on October 20, 209.

【Criminal Facts】

The defendant is a person who is engaged in driving a 1 ton cargo vehicle B.

1. On April 22, 2015, the Defendant, while under the influence of alcohol on April 22, 2015, driven the Defendant’s above cargo vehicle at a section of about five meters in front of the Hodong-dong apartment in Busan, Daegu, Daegu, Busan, about 0.227% of alcohol concentration.

2. Around 22:42 on April 22, 2015, the Defendant was under the influence of alcohol concentration of 0.227% on the blood alcohol level, resulting in the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) following the said cargo vehicle on the front side of the Osandong apartment in Busan, Daegu, Daegu, 2015.

In this case, the driver of the motor vehicle has a duty of care to properly see the right and the right and the right and the right and the right of the motor vehicle, and to accurately operate the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the Defendant was in front of the victim C(53 years old) who was under the influence of the vehicle behind the vehicle in front of the vehicle in front of the drive of the Defendant.

As a result, the defendant driving the above cargo in a situation where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as climatic salt, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement regarding C;

1. A report on detection of a host driver;

1. A medical certificate;

1. Criminal records: To refer to inquiries, such as criminal records, and to the application of Acts and subordinate statutes on investigation reports (a simultaneous criminal confirmation);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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