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(영문) 부산지방법원 2016.06.21 2016고단1085
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 a period of two years from the date this judgment becomes final and conclusive.

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 engaged in driving D car sirens.

On March 1, 2016, the Defendant driven the said car under the influence of alcohol content of 0.130% during blood transfusions on March 21, 2016, and led the said car to proceed from the intersection of the panish church located in the Dong-gu Busan Metropolitan City to the elementary school of the day from the intersection of the panish.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the defendant neglected this and continued to stand on the left side of the proceeding, and the part of the bridge of the victim E (63 ) who dried the road to the right side of the direction was received as the front part of the vehicle driving by the defendant.

As a result, the Defendant driven the above vehicle while it is difficult to drive the vehicle normally due to influence of drinking, and suffered injury such as cutting the upper half of the upper half of the upper half of the body in need of medical treatment for about 12 weeks.

2. On the date and time set forth in paragraph 1, the Defendant was under influence of alcohol with 0.130% in blood while driving the said car at a section of approximately 60 meters in front of the Bacheon church located in the same Dong-dong in Busan Dong-gu, Busan, with the alcohol concentration of 0.130% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report prepared by E;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes to each investigation report (a wooden person, driving distance of the suspect, etc.);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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