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(영문) 부산지방법원동부지원 2020.10.29 2020고단1344

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

Reasons

Punishment of the crime

1. On May 15, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) driven a low-water vehicle in Grand River on the B B on May 15, 2020, and led the crosswalk to bypass the direction of luminous damages from the direction of luminous discharge point C.

In such a case, when it is difficult to drive a motor vehicle on the right side due to influence of drinking, or when it is difficult to drive the motor vehicle normally as he/she intended, with respect to the operation timing of steering the steering gear, steering gear, etc., or the adjustment of the power, he/she shall not drive the motor vehicle, and despite compliance with the signal, the defendant, while driving the motor vehicle in a state where it is difficult to drive the motor vehicle under normal conditions due to the influence of drinking, he/she shocked the victim D, who crosses the crosswalk to the right side from the left side of the driving direction of the motor vehicle that he/she was driving, according to the mash walking signal, to the front part of the motor vehicle driven by the defendant.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, such as the influence of the details of the left-hand aggregate that needs to be treated for about six weeks.

2. On December 26, 2012, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act in the Busan District Court’s branch branch court as of December 26, 2012.

At around 22:25 on May 15, 2020, the Defendant, while under the influence of alcohol at 0.130% of blood alcohol concentration, driven a vehicle of Grandland B from approximately 1.5 km to the same long-distance from the Namcheon-dong KBS in Busan to the same long-distance of the same long-term.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Investigation reports on the written statement of a traffic accident prepared D (with regard to the situation at the time of dispatch to the site and the situation of measurement of the suspected person's relative drinking, etc.) (1) (2) and traffic accidents;