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(영문) 부산지방법원 2016.07.21 2016고단2176
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving the B Poter cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury prior to the risk).

On March 13, 2016, the Defendant driven the foregoing cargo vehicle under the influence of alcohol content of 0.115% during blood transfusions, and driven the two-lane road at the entrance of the entrance of the Singu in Busan Metropolitan City, the Busan Metropolitan City, Samcho-dong, according to one-lane from the edge of the river to the industrial way.

There was a duty of care to prevent a person engaged in driving of a motor vehicle from driving under the influence of alcohol.

Nevertheless, the Defendant, while driving a motor vehicle normally due to the influence of alcohol, was negligent in the course of his duties and was driving the bicycle part of the victim C (25 years old) driving a motor vehicle at the front direction of the Defendant’s driving direction, and suffered injury, such as the Defendant’s truck front part of the Defendant’s cargo vehicle, which is about eight weeks of medical treatment, by the Defendant’s injury, such as the locking to the right shoulder.

2. Violation of the Road Traffic Act (drinking driving) Defendant driving the above cargo vehicle under the influence of alcohol content of about 0.115% at a section of about 4 km from the distribution parking lot in the Sogdong-gu Busan Metropolitan City, Busan Metropolitan City, to the front of the entrance and exit of the same Kugdong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report (1), (2), a statement of the circumstances of the driver at the home, and a report on the circumstances of the driver at home;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the said Act [the scope of recommended punishment].

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