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(영문) 부산지방법원 2016.09.21 2016고단799
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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. The Defendant is a person engaging in driving a vehicle BM5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk)

On January 8, 2016, the Defendant driven the said car under the influence of alcohol concentration of 0.143% among blood transfusions on January 23:25, 2016, and proceeded along one lane among the two-lane roads in Busan Metropolitan City, Busan Metropolitan City C building in Busan Metropolitan City.

At the time, its location was the intersection of a private street, and there was a vehicle waiting to signal at the front side of the defendant's moving direction and stopping, so in such a case, there was a duty of care to reduce the speed and drive safely.

Nevertheless, the Defendant, while under the influence of alcohol and negligent negligence, went to the front part of the victim D(28 years) driving E, which was waiting and stopping in the front direction of the Defendant, was the front part of the Defendant’s car. The Defendant, due to its shock, made the victim FF(60 years old) driving, who was standing in the front direction of the said LM5 vehicle to receive the rear part of the said LM5 vehicle from the victim FF(32 years old) driving, which was standing in the front direction of the said LM5 vehicle.

The Defendant: (a) due to the above occupational negligence, inflicted an injury on the victim D, such as catum fat, which requires approximately two weeks of treatment; (b) catum fats, tensions, etc.; (c) the victim F, who was on board the said SM5 car, suffered the injury of the victim J (51) for about three weeks of treatment; (d) the injury of the catum, tensions, etc. requiring approximately two weeks of treatment; (e) the injury of the catum, tensions, etc. in need of approximately two weeks of treatment to the victim H; and (e) the injury of the victim K (the 25 years of age) who was on board the said K5 car, with approximately two weeks of treatment, such as catum fats, tensions, tensions, etc.

2. The defendant, who violated the Traffic Act on the road, shall do so at the same time.

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