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(영문) 부산지방법원 동부지원 2015.10.14 2015고단1320
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. Around 21:40 on July 27, 2015, the Defendant driven a B EF or other car from the front day of a restaurant in which the trade name located in the Geum-gu in Busan is unknown while under the influence of alcohol level of 0.134%, to the front day of the company bank located in the Busan-gun, the military court’s articles of incorporation, and the lower day of the company bank located in the Busan-gun, the military court’s articles of incorporation.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol as above, and the Defendant operated EFnasa car with the front distance of the said EFnas on the surface of the Environmental Corporation in the tunnel gate.

At night at the time, the victim C(the age of 31) was in motion in accordance with the vehicle stop signal, so in such a case, the driver had a duty of care to see the front left and to prevent the accident by accurately manipulating the steering gear and operating the steering gear to prevent the accident.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the above part of the EXF car as the front part of the EXF car.

As a result, the Defendant, while under the influence of alcohol, driven a motor vehicle and suffered injury to the victim, such as salt pans, tensions, etc. on the left-hand hand part of which needs to be treated for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of occurrence of a traffic accident prepared C;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury) and choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.

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