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(영문) 부산지방법원 동부지원 2019.07.10 2019고단752

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving B tidal Corera (250C).

On November 17, 2018, at around 19:00, the Defendant driven the above Otoba while under the influence of alcohol with 0.127% of alcohol level, and led the roads of one-lane in front of the Busan Shipping Daegu C Apartment-dong, Busan to the e-style surface.

Since there is a one-lane road in which the center line of yellow-ray is installed, the driver of the motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering gear and safely driving the motor vehicle in the light.

Nevertheless, the Defendant, while under the influence of alcohol, did not accurately operate the steering gear without being negligent in performing the above duty of care, was faced with the center line, and was placed in the Goldo of FF(43 years old) driving on the opposite side of the moving direction, and received the front line and fences of the car in front of the left-hand side of the vehicle.

As a result, the Defendant suffered injury to the victim H (the 71 year old) and the victim I (the 43 years old) who gets on the said loan while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking alcohol, such as dynasium and tension for about two weeks.

2. On October 27, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Busan District Court's branch court's Busan District Court's Busan District Court's branch court's order on August 21, 201, and on August 21, 2013, the Busan District Court's Busan District Court issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act.

At the time and time stated in paragraph (1), the Defendant driven B luck lucul in the state of alcohol with approximately 300 meters alcohol concentration of approximately 0.127% from the roads in front of the J market of Busan Shipping Daegu to the roads in front of the C Apartment Ddong.

Accordingly, the defendant is driving under drinking.