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(영문) 부산지방법원 동부지원 2013.10.23 2013고단1844
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for eight 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

The defendant is a person who is engaged in driving a CM5 car.

On May 15, 2013, the Defendant driven the said car under the influence of alcohol level of 0.201% without a driver’s license on May 15, 2013, and continued the intersection in front of the new world department store located in the Don-dong, Busan, Busan, to a yacht stadium in the yacht field.

At the time, the Defendant was under the influence of alcohol to the extent that he was under the influence of string and where a signal, etc. is installed, in such a case, the Defendant had a duty of care to immediately stop driving to a person engaged in driving a motor vehicle, but to safely drive the motor vehicle by checking well the front left.

Nevertheless, the Defendant neglected to do so and proceeded at the intersection as it was, and the part of the backer part of the victim D(28 years old)'s E-Ra in the atmosphere of signaling at the intersection was shocked with the front part of the above SM5 car, and due to the shock, the above rash caused the above rash, and the part of the backer part of the victim F(53 years old)'s Gifa-si in the atmosphere of signaling in front was shocked.

As a result, the Defendant suffered from the injury of the victim D, such as salt, tensions, etc. in need of a medical treatment for about three weeks due to the influence of alcohol due to such occupational negligence, and the injury of the rash, tensions, etc. in need of a medical treatment for about one week to the passenger H (30 years of age, women) of the rash vehicle, and the injury of the rash, tensions, tensions, etc. to the same passenger I (23 years of age, women) in need of a medical treatment for about two weeks, and the injury of the victim F in need of a medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), (2);

1. Report on detection of drivers, report on the status of running a motor vehicle, and the register of driver's licenses;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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