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(영문) 부산지방법원 2014.03.21 2013고단9345
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On September 18, 2008, the Defendant was issued a summary order of 700,000 won of a fine for violating the Road Traffic Act at the Busan District Court on September 18, 2008, and issued a summary order of 700,000 won of a fine by the same court on June 19, 2009.

On October 6, 2013, at around 00:03, the Defendant driven the said car under the influence of alcohol level of 0.149% without a driver’s license, while driving the said car in the influence of alcohol level of 0.149%, and the Defendant driven through the course intersection direction from the course intersection direction to the course intersection.

At this point, since the vehicle traffic signals are installed, the driver of the vehicle has a duty of care to drive the vehicle at the front side and safely drive the vehicle in accordance with the new subparagraph, despite the fact that the driver of the vehicle had a duty of care to drive the vehicle under the influence of drinking, and the defendant's failure to drive the vehicle in a normal condition due to the influence of drinking, while the signal, etc. of the defendant's moving direction was red, and in violation of this, the defendant suffered from the victim D (n.e., the 22 years old)'s driver's seat part of the driver's car left left to the left in the direction of the course intersection in the annual police station, from the direction of the police station, the part of the driver's car's driving seat of the victim D (n., the 22 years old driver's length) who was driven in the front part of the driver's vehicle in the direction of the driver's vehicle, and caused the victim's injury, such as the victim's knee for treatment for about 6 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report on the actual condition of traffic accidents, report on detection of a driver, and details of disposition on the revocation of driver's license;

1. Each letter of diagnosis;

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