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(영문) 부산지방법원 2014.11.26 2014고단8140
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving freight B in driving vehicle;

On June 21, 2014, at around 20:30, the Defendant driven the said tea while under the influence of alcohol with 0.160% of blood alcohol level, and was driving the said tea along one-lane with the consent-free distance from the main room of the Yandong-dong, Busan Metropolitan City on the road for the Gandong-dong, Yandong-dong, Busan Metropolitan City, with a single-lane.

At the time, night, there are motor vehicles waiting at another lane, and thus, the driver of the motor vehicle is prohibited from driving the motor vehicle while normal driving is difficult due to influence of drinking, and the driver of the motor vehicle has a duty of care to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, even though the vehicle signal is not the left-hand turn signal due to drinking, the defendant's negligence, which led to the driver's turn-over from the direction of the correction tunnel to the front part of the victim C (the 16-year old driver's 16-year-old driver's 16-year-old driver's flick.

After all, the Defendant suffered approximately eight weeks of pulverization of the right sulverization to the victim through occupational negligence above.

2. A violation of the Road Traffic Act ( sound driving) was driven by the Defendant at a section of about 100 meters from the date and time as stated in paragraph (1) of this Article to the roads of the 100-meter radius from the front of the telephone, telegraph, telephone station in Busan-dong, Busan-dong to the road of the same Dong-dong-dong-dong, to the front of the Dong-dong-dong return road.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report, traffic accident report, report on the occurrence of a traffic accident, report on the state of the driver's license, report on the state of the driver's license, and report on accident site

1. Application of Acts and subordinate statutes of a medical certificate;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes

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