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(영문) 부산지방법원 2017.10.31 2017고단4467

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. Around August 17, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving a tea with five-lane roads adjacent to the department department store in the middle of Busan Dong-gu, Busan, with alcohol concentration of 0.179% in blood, while under the influence of alcohol, and led the Defendant to proceed to the direction of the life-wise in the inner intersection at the inner intersection.

At the same time, police officers are working on the front side of the night to regulate drinking, so in such a case, there was a duty of care to reduce the speed to those engaged in driving of the vehicle and to safely drive the vehicle well and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected this and neglected to change the vehicle rapidly from the first lane to the fourth lane, and thereby received the E-ray part of the victim D(47 tax) driver’s car, which was stopped in order to respond to the crackdown on drinking at the fourth lane, as the front part of the Defendant’s vehicle.

As a result, the Defendant driving the said vehicle in a state where it is difficult to drive the vehicle normally due to the influence of drinking, and suffered injury, such as the pain of the shoulder part, which requires approximately two weeks medical treatment to the victim D.

2. The Defendant violated the Road Traffic Act (drinking) driving a tea under the influence of alcohol content of 0.179% from the dynamic parking lot located in the Dong-dong, Busan Metropolitan City around the day specified in paragraph (1) to the 500-meter section before the department store.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime (the point of causing bodily injury to the driving of danger) and Article 5-11 of the same Act.