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(영문) 부산지방법원 동부지원 2017.11.16 2017고단31

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

1. 도로 교통법위반( 음주 운전) 피고인은 2016. 11. 2. 08:55 경 부산 남구 용호동에 있는 롯데 캐슬 아 인스 아파트에서부터 해운대구 우동에 있는 WBC 더 팰리스 앞 도로에 이르기까지 약 18km 구간에서 혈 중 알코올 농도 0.239% 의 술에 취한 상태로 C 봉고Ⅲ 화물 차를 운전하였다.

2. 특정범죄 가중처벌 등에 관한 법률위반( 위험 운전 치상) 피고인은 제 1 항 기재 일 시경 혈 중 알콜 농도 0.239% 의 술에 취한 상태에서 위 화물차를 운전하여 부산 해운대구 우동에 있는 WBC 더 팰리스 앞 도로를 신세계 백화점 방면에서 요트 경기장 방면으로 진행하게 되었다.

At the time, there was a vehicle waiting for the signal signal at the front direction of the defendant's proceeding, so in such a case, there was a duty of care to prevent the occurrence of the accident, such as taking the front door and left door well, and maintaining the safety distance.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not keeping the front door well while driving the operation of the brake system of the above vehicle, and caused the Defendant to drive the front part of the vehicle in front of the Defendant’s truck, which he driven by the victim D(51) (51) who was waiting in the front of the Defendant’s vehicle, and caused the Defendant to receive the rear part of the Twit truck, which was driven by the victim D(51) who was waiting in the front of the traffic signal before the Defendant’s vehicle, and due to the shock, the said victim D’s cargo was driven by the victim F(45 years old) while the freight of the said victim D was in front of the vehicle.

Ultimately, the Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of drinking, and caused the victim D with injury to the flag and tension of the bones of wood, which requires approximately two weeks of medical treatment, and caused the victim F to suffer injury, such as the flag’s salt and tension that require approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of the occurrence of each traffic accident in D and F.