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(영문) 부산지방법원 동부지원 2016.07.20 2016고단602
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 10, 2006, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act in the Busan District Court's Dong Branch branch branch on November 10, 2006, and on September 26, 2012, the Defendant was sentenced to a fine of five million won for the same crime in the same court.

Criminal facts

1. On April 8, 2016, the Defendant, in violation of the Road Traffic Act, driven a motor b bicycle under the influence of alcohol content of 0.15% while under the influence of alcohol on the road located in the transmitting dong of Busan Shipping Daegu.

2. The defendant is a person who is engaged in driving a motor device B or bicycle, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury before danger).

On April 8, 2016, around 23:05, the Defendant: (a) was in a state of difficulty in normal driving due to the influence of drinking, such as in-fluench and face color with red, depth, etc.; (b) however, the Defendant driven the bicycle and operated the said motor device, and (c) was driving the two lanes ahead of the “D” in Busan Daegu Metropolitan City, Daegu Metropolitan City, along the two-lanes from the tri-distance toward the air-water village.

At the time, the Defendant changed the lane into one lane, and in such a case, there was a duty of care to make a change of the lane by operating direction direction, etc. to those engaged in driving of a motor vehicle and giving notice of change of course, and considering the traffic situation of the front, rear, and left well.

Nevertheless, under the influence of alcohol, when the Defendant neglected to drive and changed the course to port as it is, the Defendant got off the part behind the right side of the F Bus of E driving, which was going on one lane, with the motor device bicycle.

Ultimately, the Defendant suffered injury to the victim G (V, 19 years of age) who was on board the bus due to the above occupational negligence, such as the grassing of a dub, etc. requiring approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A report on the detection of a primary driver;

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