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(영문) 부산지방법원 2015.08.26 2015고단1825
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

On March 3, 2015, the Defendant driving a two-wheeled vehicle B 125cc or more at B around 20:0, and driving a two-lane of B 125cc or more in Busan, the two-lane road in front of the "Dmaart" C located in Busan, was proceeding from the area of the annual automobile trading complex to the same area.

A driver of a two-wheeled motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to drive a motor vehicle safely, such as making a full report on the traffic situation on the front side and accurately manipulating the steering and brakes, etc., but the defendant neglects to drive a motor vehicle in a state where he/she is unable to accurately operate the steering and brakes in a state where he/she is unable to accurately operate the steering and brakes in a state

In order to turn to the left at the front, the back part of the F-learning car driven by the victim E (W, 46 years old) who was in the signal atmosphere was sent to the front part of the two-wheeled automobile of the defendant.

Ultimately, the Defendant is driving the said two-wheeled vehicle under the influence of drinking, which is difficult to drive normally.

The above E suffered injury, such as finites requiring treatment for about two weeks, and at the same time, G (Nam 18 years of age) who is the passenger of the victimized vehicle, suffered injury, such as finites requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Each traffic accident report prepared by the defendant, E, and G;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, reports on the detection of drinking drivers, reports on the circumstantial statements of drinking drivers, and reports on the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to each investigation report (attached a medical certificate, attaching on-site photographs, attaching vehicle photographs);

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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