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(영문) 부산지방법원동부지원 2020.12.11 2020고단2023

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a passenger car in B.

On July 22, 2020, the defendant, around 21:53 on July 22, 2020, had two lanes from the three-lane road in the area of Suwon-gu, Busan, in order to direct the said two-lanes from the direction of the Geumsan Station.

In such a case, the driver of a motor vehicle shall not drive the motor vehicle in a case where it is difficult to drive the motor vehicle on the front time or it is difficult to drive the motor vehicle normally as intended due to the influence of drinking, and since he/she was a road where a signal, etc. is installed at the same time, he/she has a duty of care to reduce the speed and safely drive the motor vehicle in accordance with the traffic signal and prevent the accident in advance.

Nevertheless, the Defendant continued to drive a motor vehicle under the influence of alcohol concentration of 0.181% while driving a motor vehicle while being under the influence of alcohol, and continued to proceed in violation of the signal even though the signal of the front-hand vehicle is a stop signal. On the opposite part of the right-hand part of the victim E (n.e., the 48-year-old driving) driving, which was driven by normal signal in accordance with the normal signal in the direction opposite to the right-hand direction, was received as the front-hand part of the mari vehicle.

Ultimately, the Defendant sustained injury to the victim, by negligence in the course of performing the above duties, of “influoral salt, tension, etc.,” which requires approximately three weeks of treatment.

2. On July 22, 2020, at around 21:45, the Defendant driven a car at the horse b while under the influence of alcohol with a blood alcohol concentration of about 0.181% at the 3km section from a restaurant located in Suwon-gu Busan Metropolitan City to the D store located in Suwon-gu C.

Summary of Evidence

1. Defendant's legal statement;

1. On January 1, 198, such as a traffic accident report (1), (2), a traffic accident occurrence report, a black flag and a photograph.