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(영문) 부산지방법원 동부지원 2016.10.27 2016고단1375
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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 04:00 on May 31, 2016, the Defendant driven B B B B BV under the influence of alcohol concentration of about 0.154% in the section of approximately 800 meters from the road of the building in front of the building in the China City located in the Do of Busan Metropolitan Transportation Daegu, to the 112-dong apartment complex of the same Dong.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) led the Defendant to drive the above Oral Ba in the temporary border as described in paragraph 1, and drive the roads of the second line in front of the Kumari-ri or the first apartment in Busan, Daegu, Busan, along with two lanes.

At the time, it is a new wall at the front of the defendant's moving direction, and as the Dschton car was parked in the front of the defendant's moving direction, there was a duty of care to see the front door as a person engaged in driving of the motor vehicle and accurately manipulate the steering direction and brake system and prevent the accident from occurring.

Nevertheless, the Defendant, as stated in Paragraph 1, neglected to drive a motor vehicle under the influence of drinking, such as drinking, such as being red, unscepted, walking, etc., while under the influence of drinking, and continued to run the motor vehicle as a part of the front part of the motor vehicle.

Ultimately, the Defendant caused the victim E (the 19-year-old) who was accompanied by the Defendant’s occupational negligence to suffer bodily injury, such as the mouth fela, which requires approximately four weeks of medical treatment, and the victim F (the 19-year-old age-old) to suffer bodily injury, such as the inside and outside heat, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of occurrence of each traffic accident in F and E;

1. A traffic accident report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

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

1. The aggravated punishment, etc. of specific crimes as provided in the corresponding laws regarding criminal facts.

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