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(영문) 부산지방법원 2015.01.07 2014고단8295
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle B sod;

On October 13, 2014, the Defendant, while under the influence of alcohol of 0.182% of blood alcohol concentration on 09:10% on October 13, 2014, proceeded with a two-lane road in front of the Dogdong Residents' Center located in Busan Dongcheon-dong, Busan, at a speed of about 30km in speed from the inside boundary of the city to the east-dong market, depending on one lane towards that city.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely by safely examining the movement and transfer of another vehicle.

Nevertheless, the Defendant neglected to do so and did not look at the strokes of driving, and was placed in front of the said rocketing car by the victim C(SM5) driving, which was stopped according to the vehicle stop signal at the front of the vehicle at the front.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, suffered injury, such as salt, tension, etc. of the boom, which requires two-day medical treatment to the victim by negligence in the course of performing the above duties.

2. On October 13, 2014, at around 09:10, the Defendant driven a B-hurged car with a blood alcohol concentration of about 800 meters from the road front of the B-hurg-dong store located in the Busan East-gu, Busan to the front of the Dogdong Resident Center located in 462-2.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report (1), a traffic accident report, a site photograph of the accident, a photograph of the damaged vehicle, a photograph of the damaged vehicle, a report on the driving of the driver on board, and a report on the situation of the driving of the driver on board;

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

1. Injury resulting from dangerous driving under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is provided for in the relevant criminal facts;

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