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(영문) 부산지방법원 2014.08.22 2014고단4895
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 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 of Lone Star Cargo Vehicles B.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) and a violation of the Road Traffic Act (Non-licensed Driving) were driven on April 27, 2014 by the Defendant without a driver's license of a motor vehicle and passed it back to the front of the 85th office in Busan Jin-gu, Busan.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by properly examining the future.

Nevertheless, the Defendant, who was frightened by snow, has been frightened and frightened, has been negligent in driving under normal conditions such as the rain distance, and was negligent in driving due to occupational negligence, and had the victim C (57 years old) located on the road in order to catch a taxi after the frightened cargo vehicle. The Defendant received approximately two weeks back of the above cargo vehicle, and suffered multiple frights, such as a crison, which requires treatment for about two weeks.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury that requires approximately two weeks of medical treatment to the victim.

2. On April 27, 2014, the Defendant violated the Road Traffic Act (Refusal of measurement of drinking), despite a reasonable ground to recognize that he/she was driving under the influence of drinking, such as taking smells from E at the border of the Busan Police Station D District of the Busan Police Station D District, which was dispatched after receiving a traffic accident report in front of the above community service center, and making a demand for a police officer to comply with a drinking test by inserting the breath on the face of the breath, etc., without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on detection of a host driver, driver's license ledger, and medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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