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(영문) 부산지방법원 동부지원 2016.06.20 2016고단387
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 6, 2012, the Defendant has been subject to a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act at the Daegu District Court on the grounds of a violation of the Road Traffic Act, and on March 17, 2015, the Defendant was sentenced to a fine of KRW 5 million for the same crime at the Busan District Court on the grounds of a violation of the Road Traffic Act on at least two occasions.

Nevertheless, around 01:05 on March 13, 2016, the Defendant driven a B Track vehicle while under the influence of alcohol content of 0.146% without obtaining a driver's license from the front of a mutually influent restaurant located in the seat of Busan Sea-gu, Busan, to the front of the 1 Dong-dong, Dong-dong, the Dong-dong, located in the same Gu-dong, to the front of the Dong-dong, 1.7km.

2. Defendant 2 is a person engaged in driving the Track Motor Vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

Defendant 1 driven the said Track Car while under the influence of alcohol as above at the time of the above day, and led Defendant 1 to drive the said Track Road in Busan Shipping Daegu on the front side of the “D cafeteria parking lot”, which was located in D, bypassing from the side of D’s restaurant to the “D 1 Dong community service center,” approximately 30 km in speed.

At the time, the Defendant was breathed while drunkly breath and smelled in the entrance, and the pedestrian state was difficult to drive normally, such as a little string distance.

In addition, since at the time, there is a night and a place where the center line of the yellow-ray is installed, there was a duty of care to check the safety of the course by properly examining the front and the left and the right before the right of the vehicle is bypass, and to prevent the accident in advance by safelypassing the vehicle line.

Nevertheless, the defendant is driving a motor vehicle by following the central line while bypassing it is difficult to drive the motor vehicle normally due to the influence of drinking.

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