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(영문) 부산지방법원 동부지원 2016.12.14 2016고단1904
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who drives B-learning passenger cars in violation of the Road Traffic Act.

On September 20, 2016, at around 18:34, the Defendant driven the said car at approximately 6 km from the front day of the Busan Dongdong-gu Clllle to the front road of the Busan Domsan Olympic Park.

2. On September 20, 2016, the Defendant was driving the said car under the influence of alcohol level of 0.217% as stated in the foregoing paragraph 1. On September 20, 2016, the Defendant was driving the said car at a speed of 30 km to the speed of 30 km at a speed of 0.217 meters from the ebbbbbbbban eban eban ebban eban ebban eban eban eban eban eban eban

At the same time, since vehicles are in operation according to the direction of the defendant's driving, a person engaged in driving of a motor vehicle has a duty of care not only to drive a motor vehicle while normal driving is difficult due to the influence of alcohol but also to accurately manipulate the steering direction and brake system and not to conceal other vehicles in operation.

Nevertheless, the Defendant was negligent in failing to perform the above duty of care under the influence of alcohol driving, and the part of the victim D (the age of 31) driving, which was proceeding at the front of the car driving of the Defendant, was committed in front of the car driving of the Defendant.

As a result, the Defendant driven the car in a situation where normal driving is difficult due to influence of drinking, and suffered injury such as the pipe, salvum, salt, tension, etc. in need of approximately two weeks of medical treatment to the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

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

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Criminal Act.

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