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(영문) 부산지방법원 2020.09.25 2020고단3093

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On September 12, 2006, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on May 26, 2009, the same court received a summary order of KRW 2.5 million for a violation of the Road Traffic Act.

Criminal facts

1. On November 15:19, 2019, the Defendant driven B Poter 2, while under the influence of alcohol at approximately 0.332% of the blood alcohol concentration in the section of about 20km from the front of a mutually influent restaurant located in the influent city (hereinafter referred to as the “influent city”) to the point where Busan is located at approximately 323.4km in the city south-gu of the same city.

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

2. Violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the person engaged in driving freight B.

On November 18, 2019, the Defendant driven the above cargo vehicle under the influence of alcohol of 0.332% as stated in paragraph (1) around 15:19, while driving the above cargo vehicle under the influence of alcohol of 0.32%, and driving two lanes from the four-lane road in the direction of Busan at 323.4km in the direction of Busan at a location of 323.4km.

In this case, there was a duty of care to prevent accidents by accurately manipulating the front and left and right of the driver and accurately manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive normally due to the influence of alcohol such as walking and walking on the face, and changed the vehicle line into one lane, due to the negligence of changing the vehicle line into one lane, and received the back side part of the victim C (Nam, 37 years old) who normally proceeds from the said one lane.

Ultimately, the Defendant is driving the said cargo in a state where it is difficult to drive the vehicle normally due to influence of drinking.