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(영문) 부산지방법원 서부지원 2020.06.10 2020고단382

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

However, the above sentence shall be executed for a period of two years from the date this judgment became final.

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 a B-learning passenger

On December 30, 2019, the Defendant driven the said car with the blood alcohol concentration of 0.209% 0.209% on December 30, 2019, and led to the driving of the said car in front of the Dcafeteria located in Busan Seo-gu, to the intersection of the Goduk-chill from the area of the E Hospital.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate a motor vehicle by accurately operating the steering gear and steering gear.

Nevertheless, the Defendant did not find out FK7 cars and the victim G(25 years old) which were parked on the right side of the moving direction while driving the said car while under the influence of alcohol due to their negligence, and did not find out the FK7 cars and the victim G(25 years old). The Defendant continued to receive the left side part of FK7 cars with the right side part of the said car and continued to become the victim's blick part with the front part of the said car, and the FK7 car was parked on the right side due to its shock.

Ultimately, the Defendant suffered injury to the victim G, such as salt, tensions, etc. in need of approximately two weeks of treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (driving) at the same time, while under the influence of alcohol 0.209% at the same time as that of the preceding paragraph, driven a section B 300 meters b driving car at a section B in front of a restaurant located in C at the J-cafeteria parking lot adjacent to Busan Seo-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of G traffic accidents;

1. Reports on traffic accidents, reports on the circumstantial statement of a drinking driver, reports on requests for appraisal, and references to the results of the crackdown on drinking driving (No. 20 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes to accident vehicles, field photographs, and written diagnosis;

1. Relevant provisions concerning facts constituting an offense;