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(영문) 부산지방법원 서부지원 2019.07.17 2019고단579

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car B or car.

1. 피고인은 2019. 2. 23. 05:56경 혈중알콜농도 0.264%의 술에 취한 상태로 위 승용차를 운전하여 부산시 북구 C에 있는 D교회 앞 편도 5차로 중 5차로를 덕천동쪽에서 만덕교차로쪽으로 불상의 속도로 진행하던 중, 5차로에 정차 중이던 E 덤프트럭을 뒤늦게 발견하여 위 트럭의 뒷부분을 위 코나 승용차의 앞부분으로 들이받고, 그 충격으로 4차로에 튕겨나간 위 코나 승용차의 뒷 범퍼로 4차로에서 진행 중이던 피해자 F(30세) 운전의 G 그랜져 승용차의 앞 범퍼를 충격하였다.

As a result, the Defendant driven the above co-car or car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury such as salt, tension, etc. of the necessary 3 weeks of medical treatment to the victim.

2. The Defendant, like the foregoing paragraph 1, was driving a c or car under the influence of alcohol with approximately 0.264% of alcohol concentration at approximately 2 km from the behind the I Hospital located in H in the Northern-gu, Busan Metropolitan City to the same place as the above paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident;

1. A report on each traffic accident, a survey report on the occurrence of a traffic accident, a report on the occurrence of a traffic accident, a report on the collection of blood from an owner of a motor vehicle, an investigation report (G franchise and submission of a diagnosis report from a driver of HG

1. Application of the Acts and subordinate statutes on photographs of the scene of an accident, photographs of damaged vehicles (HG) and photographs of harming vehicles;

1. Relevant Articles 5-11 and 148-2 (2) 1 and Article 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Articles 14-2 (2) 1 and 44 (1) of the Road Traffic Act, and choice of imprisonment with prison labor for each crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the former part of Article 38 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the punishment imposed on the bodily injury resulting from a dangerous driving) shall be