(영문) 부산지방법원 2016.01.06 2015고단6896

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(영문) 부산지방법원 2016.01.06 2015고단6896

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

1. On August 19, 2015, the Defendant: (a) was under the influence of alcohol with 0.184% alcohol concentration in blood, without a driver’s license, from the 1km section of around 1km to the lower road in Busan Jin-gu, Busan at around 02:50, the Defendant driven the rash car while under the influence of alcohol with about 0.184%, without obtaining a driver’s license.

2. Around 02:50 on August 19, 2015, the Defendant driven the said car under the influence of alcohol as set forth in paragraph (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused before the risk) and led the said car to proceed along five lanes from the direction of the traffic distance to the intersection of the lowermost road located in the Busan Jin-gu, Busan.

At that time, the defendant was followed by the victim C (52 Do) Dota-si driven by the victim C (52 Do) in the same direction, and thus, the person engaged in driving a motor vehicle had a duty of care to take the front side and the right and the right and the right and the right of the motor vehicle and prevent the accident in advance.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and did not look well at the front bank, and proceeded as it was, and the lower part of the said small-scale taxi stopped on the front bank as it was, was shocked with the left front part of the car driven by the Defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim C, such as salt dump, tension, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A traffic accident report, a traffic accident occurrence report, a report on the detection of a primary driver, and a primary driver;

참조조문

-특정범죄 가중처벌 등에 관한 법률

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