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(영문) 부산지방법원 2015.06.10 2014고단10089
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM3 car.

1. On October 24, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol 0.237% on blood alcohol level on October 24, 2014, and was under the influence of alcohol level 0.237% on the Busan JincY in the Busan Dong-dong District, Busan, Busan, the 6-line wharf in the direction of Busan.

Since the place is a 6-lane road in which the median line and the median line are installed, the person engaged in the vehicle driving duty has a duty of care not to exceed the median line and the median line.

Nevertheless, the Defendant did not avoid driving a taxi in the opposite direction by negligence going beyond the center line of the above road and along the opposite direction of the two lanes in opposite directions. The Defendant did not avoid driving a taxi in the opposite direction of the victim C (Seoul, 66 years old) with the front part of the above SM3 vehicle. In full part of the above SM3 vehicle, the Defendant was injured by the victim D (the victim, who is the passenger of the above 48 years old), who is a passenger of the above 3 vehicle, due to the influence of drinking, by taking advantage of the front part of the said 3 vehicle as it is, and suffered injury, such as cutting down the upper part of the left part of the passenger vehicle requiring treatment for about 14 months.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol with approximately 2 km alcohol concentration of about 0.237% from the above temporary border and the road near the main station located in the center of Jung-gu, Busan to the point of accident.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The defendant's written statement and C traffic accident statement;

1. A traffic accident report(1)(2), a traffic accident occurrence report, a report on the detection of a drinking driver, an inquiry of the results of the crackdown on drinking driving, a report on the circumstances of a drinking driving, and a statement of the circumstances of a drinking driving.

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