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(영문) 부산지방법원 동부지원 2016.10.19 2016고단1539
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of 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 person engaging in driving a passenger car B;

On July 31, 2016, at around 03:10, the Defendant driven the said car under the influence of alcohol of 0.148% with blood alcohol concentration, and led to the Defendant to proceed along one-lane from the trike line on the side of the two-lane road located in Suwon-gu Busan Metropolitan City C.

A person engaged in driving of a motor vehicle shall not operate a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and since there is a center line of yellow solid lines installed, the person engaged in driving of a motor vehicle has a duty of care to thoroughly operate the motor vehicle in the front and the driver has a duty of care to safely operate the motor vehicle.

Nevertheless, the Defendant neglected to perform such duty of care while under the influence of alcohol concentration of 0.148% and got the victim E(S) driving the F-Walon-of-car driving driving that was driven on the cluri line on the side of the center line by neglecting such duty of care, and led to the left-hand portion of the said car driven by the Defendant.

Ultimately, the Defendant suffered injury to the victim E by negligence in the course of performing duties that drive the said vehicle in a situation where normal driving is difficult due to influence of drinking, such as salt ties, tensions, etc. in need of approximately two weeks of medical treatment, and the victim G (the age of 49) suffered injury, such as dump dump, tensions, etc. in need of medical treatment for about two weeks.

2. Around 03:10 on July 31, 2016, the Defendant driven B le-car under the influence of alcohol with a blood alcohol concentration of about 0.148% from the section of about 3km from the front of the waterside park located in the Singu, Busan to the front road located in the same Gu C from the road located in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accidents;

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