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(영문) 부산지방법원 동부지원 2017.02.27 2017고단49

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence 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 19:45 on December 17, 2016, the Defendant: (a) driven a horse-free vehicle while drunkly under the influence of alcohol with approximately 500 meters alcohol concentration of 0.141% from the Defendant’s house located in Suwon-gu, Busan to the D Hospital parking lot located in C, from around 19:45 to the D Hospital parking lot located in C.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) was under the influence of alcohol on the day set forth in paragraph 1, and went behind to park in the said D Hospital parking lot.

In this case, there was a duty of care to take into account whether a person engaged in driving of a motor vehicle is a person around the motor vehicle and to accurately manipulate the steering gear, brake system, etc. to prevent the accident.

Nevertheless, under the influence of alcohol, the Defendant did not discover the Victim F (45 years) in front of the vehicle and received the Victim F (45 years) due to the negligence behind the vehicle.

Ultimately, the Defendant driven the said vehicle in a situation where normal driving is difficult due to the influence of drinking, and caused the victim to suffer injury, such as a trend of necessity and other conical signboard impairment for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 5-2 (2) 2 and Article 44 of the same Act concerning the punishment of the crime, the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act (including the fact that a comprehensive insurance is subscribed and the defendant has no particular criminal record)

1. An order to attend a course under Article 62-2 of the Criminal Act;