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(영문) 부산지방법원 동부지원 2015.11.19 2015고단1532
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 25, 2015, at around 02:05 on the same day, the Defendant driven a B Belgium car under the influence of alcohol level of about 0.085% at the section of about 3km up to the 02:05 Busan Metropolitan Government captain’s consolidated mooring at the Busan Metropolitan Government captain, the Defendant, at around 1:40 on April 25, 2015, was under the influence of alcohol level of about 0.085%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the above Belgium car on April 25, 2015 at around 02:05, as described in paragraph 1, while under the influence of alcohol, the Defendant was driving the above Belgium car in the direction of transmitting the road to the marine traffic unit from the direction of the Eup in the direction of the captain of the Busan Metropolitan City-gun, Busan-gun.

At night, there was a duty of care to prevent accidents by accurately manipulating the steering gear, brake system, etc. of the vehicle, and thus to prevent accidents.

그럼에도 불구하고 피고인은 이를 게을리 한 채 술에 취하여 전방주시를 태만히 한 과실로, 위 승용차 진행 방향 좌측에 있던 중앙분리대를 들이받은 후 우측으로 튕기며 위 승용차 진행 방향 우측에 있던 펜스를 들이받았다.

As a result, the Defendant, while driving the said car under the influence of alcohol which is difficult to drive normally, suffered injury, such as a cage cage cage at the left-hand side in need of approximately seven weeks of medical treatment. On May 19, 2015, the Defendant brought the victim D (year 24) who is the same passenger, to death with a fladism at the Incheon University Shipping Standa Hospital around 06:56 on May 19, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each traffic accident report;

1. A report on detection of a host driver, and a report on the circumstances of a host driver;

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