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(영문) 부산지방법원 동부지원 2015.03.26 2014고단1539
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a driver of Category C rocketing.

On July 27, 2014, the Defendant driven the above vehicle under the influence of alcohol with 0.202% of alcohol concentration around 22:30%, and continued to drive the front road in Busan Shipping Daegu D with the direction of the Seoul Mitro Hospital.

In such cases, a driver shall not drive a motor vehicle where it is difficult to keep the motor vehicle in front of the motor vehicle due to influence of drinking, or where it is difficult for the driver to drive the motor vehicle normally according to his/her intention with regard to the timing of operating the steering gear, etc. or the adjustment of the force.

Nevertheless, the Defendant, while drinking, faced the rear light of the victim Felna taxi's left-hand string on the left-hand side of the Defendant's vehicle, which was driven by the occupational negligence in the course of driving a full-time while driving, and caused the victim to suffer a salt farm which requires approximately two weeks of treatment by shocking the back-hand hand hand of the damaged vehicle's right-hand hand.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. The Defendant violated the Road Traffic Act (after-accident) at the same time, at the same place, destroyed the left-hand side of the damaged vehicle and parked without immediately stopping the damaged vehicle and without taking necessary measures.

3. The Defendant violated the Road Traffic Act (driving) driving his vehicle at the same time and at the same place, while under the influence of alcohol 0.202%, while driving the Defendant vehicle at the same time and at the same place, and driving 300 meters prior to the same grade elementary school in front of the correct path hospital in Busan, Daegu, Busan.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A traffic accident report, an employer-employed driver report, and an accident report;

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