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(영문) 부산지방법원 동부지원 2014.05.22 2014고정552
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car B in a PPP car.

On December 31, 2013, the Defendant was driving the said vehicle as a business on December 21, 2013, and led to the front of the apartment house in the Dondong in Busan, Busan, and the front of the apartment road in the Dondong in the Busan, Busan, to the front of the apartment road in the direction of the Olympic intersection.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well and accurately manipulating the steering gear, etc., and in particular, he/she shall not drive a motor vehicle in a situation where normal driving is difficult due to influence of alcohol.

Nevertheless, the Defendant neglected such duty of care, while under the influence of alcohol content 0.128%, is driving the vehicle as it is, without delay, while under the influence of alcohol content.

In the same direction, the back of the passenger car of the victim C(50 years of age) who is stopped according to the cross-road stop signal was shocked with the front part of the vehicle of the defendant.

As a result, the Defendant, by negligence in the course of performing duties, sustained bodily injury to C such as salt, tensions, etc. in the cirical tensions that require approximately two weeks of treatment, injury to the victim D (23 years of age) who is the passenger, such as cirical salt, tensions, etc., and injury to the victim E (23 years of age) who is the passenger, for about two weeks of treatment.

B. While the Defendant was under the influence of alcohol with a blood alcohol content of 0.128% at the same time as the preceding paragraph, the Defendant driven the said vehicle from the road in approximately 3km to the site of the accident under the preceding paragraph in front of the “welter frequency” located in the 2nd half-gu Busan Shipping Daegu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A traffic accident report;

1. Exemplary drivers;

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