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(영문) 부산지방법원 2014.05.02 2014고단340
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around October 26, 2013, the Defendant driving a C rocketing car under the influence of alcohol of about 1 0.140% in the section of approximately 1km from the road in front of the TBS station in Busan-dong, Busan-dong, to the front road of the same 1km-dong CBS broadcasting station.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the Defendant on October 26, 2013 under the influence of alcohol, such as Paragraph 1, around October 21, 2013, and the two-lane roads in front of the CBS broadcasting station in Busan High-dong, Busan High-dong were driven along a one-lane road from the front side of the front side of the road.

Under the influence of alcohol, the Defendant cannot give a front door properly, and is driving the said passenger car in a state that he/she is unable to properly operate the steering direction and operation system.

From the left-hand side of the car driving direction, the victim D (the age of 63) who crosses the road to the right-hand side of the vehicle without permission is found to be late, and the victim was sent to the top-hand side of the vehicle.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and caused the victim D to die due to cerebral cerebral cerebral e, etc. while receiving treatment at the F Hospital located in Busan Metropolitan Government E on November 28, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the actual survey report and death diagnosis report;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the occupation of drinking and the selection of imprisonment) concerning the criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the combined penal term);

1. Article 62 (1) of the Criminal Act (the initial crime and the agreement) of the suspended execution;

1. It is a crime requiring strict punishment to cause the death of a victim due to an accident during a two-dimensional driving under Article 62-2 of the Criminal Code of the Social Service Order.

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