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(영문) 부산지방법원 서부지원 2021.02.17 2020고단2223

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 21, 2014, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act at the Busan District Court.

피고인은 B 팰 리 세 이드 승용차의 운전업무에 종사하는 사람이다.

1. On August 27, 2020, the Defendant driven the said vehicle under the influence of alcohol level of about 0.186% in the section of about 100 meters from the front of Gangseo-gu Busan Metropolitan City to the front road of the same Gu D apartment.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

2. On August 27, 2020, the Defendant driven the said vehicle under the influence of alcohol level of 0.186% during blood transfusion on August 27, 2020, and let the Busan Gangseo-gu C (UG) turn to the left from E to F.

At the time, since it is an intersection where a signal is installed at night, there was a duty of care to prevent accidents in advance by checking the front side and the left and the right of the driver of the motor vehicle well and safely proceeding in accordance with the new code.

그럼에도 불구하고 피고인은 술에 취하여 이를 게을리 한 채 직진 신호에서 좌회전한 과실로 반대 차선에서 E 쪽으로 신호에 따라 직진하고 있던 피해자 G( 남, 41세) 운전의 H 오토바이로 하여금 위 팰 리 세 이드 차량과의 충돌을 피하기 위하여 급정거를 하면서 우측으로 넘어지게 하고, 위 팰 리 세 이드 차량의 앞 범퍼로 넘어지는 위 오토바이를 들이받아 피해자를 땅에 넘어지게 하였다.

Ultimately, the Defendant driving the said vehicle in a situation where normal driving is difficult due to the influence of drinking, resulting in the Defendant’s injury to the victim, such as salted dump, tension, etc. of both slots that need to be treated for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place of the investigation report on traffic accident, investigation report (report on the situation of the driver at the main place of the investigation), general diagnosis report, and photographs (influence 14 of investigation records); and

1. Judgment.