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(영문) 부산지방법원 2017.05.31 2016고단2463
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person who is engaged in driving a motor vehicle with Chump.

On March 16, 2016, the Defendant driven the said car with alcohol content of 0.126% while under the influence of alcohol without a driver’s license on March 16, 2016, and driven it on the side of a sexual intersection road located in front of a retired dong-gu Busan, Busan, with the aim of avoiding drinking control, and driven it to the Busan Educational University from the subway station to the Busan Educational University.

There was a duty of care to prevent a person engaged in driving of a motor vehicle from driving under the influence of alcohol.

Nevertheless, the Defendant suffered from the injury of the part of the front part of the victim B(60) driving D's car in the direction opposite to the Defendant's moving direction due to the Defendant's occupational negligence while driving a car in a state where normal driving is difficult due to the influence of drinking, and the Defendant suffered from the injury of the victim E (45 years) who was on board the cab in the right hand the first hand part of the upper part of the passenger's car in need of approximately six weeks medical treatment, and suffered from the injury of the victim E(5 years old) who was on board the cab, such as the right hand d's bar, etc. in need of medical treatment for about three weeks.

2. The Defendant was driving a motor vehicle with a blood alcohol concentration of about 0.126% under the influence of alcohol without a motor vehicle driver's license from the Do in front of the trade name in the vice-dong located in Busan-dong, Busan-dong, to the roads located in the city of Busan-dong, Busan-dong, to the roads located in the underground vehicular road.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. The E traffic accident statement;

1. A traffic accident report;

1. The driver's license ledger;

1. The circumstantial statement of the driver involved and response to a request for appraisal;

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

1. Each of the relevant Articles of the Act concerning the facts of crime;

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