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(영문) 부산지방법원서부지원 2020.09.10 2020고단220

특정범죄가중처벌등에관한법률위반(위험운전치사상)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

[criminal power] On January 24, 201, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on January 24, 201. On December 5, 2014, the Defendant issued a summary order of KRW 3.5 million for a crime of violation of the Road Traffic Act (driving) at the Jungnam Branch of Suwon District Court.

【Criminal Facts】

On December 4, 2019, the Defendant, while under the influence of alcohol with 0.201% of blood alcohol concentration around 20:45, driving a vehicle mandatory insurance without being covered by the vehicle mandatory insurance, was driving the vehicle B, with a road of about 40km in front of the Busan Northern-gu apartment C apartment unit, Busan.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and he/she has a duty of care to safely drive the motor vehicle by reporting the traffic progress in front and accurately manipulating the steering gear and preventing the traffic accident.

Nevertheless, the Defendant, while under the influence of alcohol, did not accurately operate the steering gear on the roads of the above C Apartment, conflict with the front part of the car driven by the victim E (the 24 years old) who was waiting to circumvent the above C Apartment, with the front part of the car driven by the Defendant.

As above, the Defendant driven the said Orus car in a situation where normal driving is difficult due to the influence of drinking, and suffered respectively the injury of the victim E, who was on board the said Ireland Skiex, such as salt, tensions, etc., in need of approximately two weeks of treatment, and the injury of the shoulder and the string of the arms in need of approximately two weeks of treatment to the victim G (the 11 year old), and the injury of the victim H (the 11 year old) in need of approximately two weeks of treatment.

Summary of Evidence

1. The defendant's legal statement E.

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