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(영문) 부산지방법원 2015.04.17 2014고단7705
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 June 4, 2014, at around 18:40, the Defendant, without a driver's license, driven a Cpoter freight vehicle with a blood alcohol concentration of 0.164%, and led to the driving of the Cpoter, which is located in the dong-gu, Busan Metropolitan City, to the intersection from the side of the Busan Medical Center.

At the same time, it was difficult to reduce the length of the vessel, and the victim D(the age of 47)'s wing and freight cars were stopped, so the driver had a duty of care to accurately operate the steering gear and brakes and to safely proceed by adjusting the speed in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected to operate the brakes properly, received the back portion of the victim D's wing and the back portion of the cargo vehicle as the front portion of the Defendant's Poter cargo vehicle. The Defendant, owing to the shock, was sealed in the future and got the victim F(54 years old)'s G-wing and the back portion of the cargo vehicle in the signal waiting.

As a result, the Defendant driven the above Poter cargo vehicle in a situation where it is difficult to drive normally due to influence of alcohol, and thereby inflicted injury on the victim D, such as catum salt in need of approximately two weeks of medical treatment, and inflicted injury on the victim H (59) in need of medical treatment for about two weeks, and suffered injury such as catum salt and tension in need of medical treatment for about three weeks to the victim I (71) who is the same passenger, and at the same time, damaged the victim D's wing truck to receive KRW 910,170 of repair cost, and damaged the victim D's wing truck to receive KRW 371,237 of repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D or F (the driver of a damaged vehicle);

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. On-site photographs at the time of accident;

1. Written estimates and medical certificates, and vehicles damaged by such estimates and medical certificates;

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