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(영문) 부산지방법원 2016.05.03 2015고단4572
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 31, 2006, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Busan District Court on August 31, 2006, and on November 8, 2010, the Defendant was issued a summary order of KRW 2 million as a fine for the same crime at the same court.

1. On April 15, 2015, the Defendant: (a) driven a motor vehicle with alcohol content of at least 0.228% while under the influence of alcohol on two or more occasions; (b) around April 22:32, 2015, the Defendant driven a motor vehicle with alcohol content of at least 0.228% while under the influence of alcohol without a motor vehicle’s driver’s license, from the 1km section from the Busan High-gu Busan High-gu Busan High-dong Cambro, to the front side of the same American apartment.

2. The Defendant is a person who is engaged in driving a DNA car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) and the Road Traffic Act.

On April 15, 2015, the Defendant driven the above car on April 22:32, 2015, and led to the left-hand turn-hand turn-hand turn-on from the direction of the surveillance place to the U.S. apartment at the right-hand turn-hand turn-on.

At all times, there was a three-distance crossing with a non-protective left-hand turn, so in such cases, there was a duty of care to check whether there is a vehicle that is driven in the opposite part when the green proceed signal is displayed to the driver of the vehicle and turn to the left.

Nevertheless, the Defendant did not properly check whether there is a vehicle driving on the part of the vehicle in which normal driving is difficult under the influence of alcohol, and did not turn to the left as it is due to the negligence of the victim D(53) who was placed in front of the left-hand turn in accordance with the new subparagraph at a one-lane left-hand turn, the Defendant shocked the driver in front of the left-hand part of the vehicle driving in front of the Defendant, and the victim F(68 years) in front of the Defendant’s driving vehicle due to the shock.

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