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(영문) 부산지방법원 동부지원 2016.09.26 2016고단932
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car BK3 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury prior to the risk).

On May 2, 2016, the Defendant driven the said car while under the influence of alcohol on May 17:3, 2016, and got three-lanes from three-lanes in front of the D oil station in Busan Metropolitan City, Busan Metropolitan City, to a luminous intersection from the side of the agricultural products market.

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 at the time, the defendant was followed by the F-Wing vehicle driven by the victim E (30 tax) prior to the same direction in the front line of the defendant's driving, so the defendant was well aware of the situation, and there was a duty of care to secure a safe distance to avoid when the driver stops the vehicle above, and there was a duty of care to ensure a safe distance to avoid.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to stop a car with the highest level of car driven by E in order to maintain the signal atmosphere, was driven by the Defendant’s vehicle behind the vehicle in front of the vehicle in front of the vehicle in front.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult under the influence of alcohol, and suffered injury to the victim E, such as catum salt, etc. which requires a two-day medical treatment, and suffered injury to the victim G (V, 44 years old) who fated the above fatum for about two weeks, such as salt fat, tension, etc.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), the defendant was driven under the influence of alcohol, such as the date and time set forth in paragraph (1) of this Article, the suspicion that he driven a vehicle while under the influence of alcohol at a place, and the situation I belonging to the Busan Coast Guard in the Busan Coast Guard, and the defendant's snicking and walking on the part of the police station in the entrance.

have a reasonable reason to determine the person.

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