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(영문) 부산지방법원 동부지원 2015.08.27 2015고단866
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 April 23:45, 2015, the Defendant: (a) driven a D-hurd-hurd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the above vehicle in such a state that it is difficult to drive the vehicle normally due to the difficulty of driving, such as driving the vehicle under the influence of alcohol level of 0.188% due to the temporary border indicated in paragraph (1) and driving the vehicle along one lane in front of the C cafeteria located in Busan Southern-gu along the U.N. B along the direction from the border line.

The Defendant was negligent in failing to look at the front door while under the influence of alcohol, and caused the operation of the operation of the operation of the operation system of the above vehicle by negligence, and received the back part of the F Ethz car driven by the victim E (the age of 44) who was in the front of the Defendant’s vehicle, and was driven by the victim E(the age of 44) who was in the front of the Defendant vehicle.

Ultimately, the Defendant driven the above vehicle in a situation where normal driving is difficult due to the influence of drinking, and caused the victim E to suffer an injury to the victim G (the age of 45) who is the passenger of the victimized vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of each traffic accident in E and G preparation;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A report on detection of a de facto driver and an appraisal report on blood alcohol concentration;

1. The application of the law to the opinion and the medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

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