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(영문) 부산지방법원 동부지원 2020.06.10 2019고단2349

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

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who drives a freight truck from BGX straw.

On October 3, 2019, at around 07:10, the Defendant driven the above cargo while under the influence of alcohol of 0.097% with a blood alcohol concentration of 0.097%, and proceeded three lanes from the three-lanes of the Alleydo 839, Jingu, Jingu, Jingu, Jingu, Seoul, as the Jingu, Jingu, as the area of Jinna, in C.

Since it is a road on a bridge, the driver of a motor vehicle has a duty of care to prevent accidents in advance by reducing speed and driving safely by checking well.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the road above the Alley River while driving the said road on the upper right side of the passenger vehicle of the victim D(the age of 46) who was under normal driving at the three-lanes in the front bank, following the left side of the EM vehicle of the victim D(the age of 46).

After all, the Defendant suffered injury to the victim due to the above occupational negligence, such as damage to knee-feng-feng-feng-feng-feng-gne-feng-gne

2. A violation of the Road Traffic Act (driving) was driven by the Defendant, while under the influence of alcohol of approximately 1.5km in the section of approximately 0.097% of blood alcohol concentration from the roads located in Jinhae-gu, Changwon-si, Changwon-si, the Defendant driven BGX TGX TX TX TX TX TM wre, while under the influence of alcohol at approximately 1.5km from the roads located in the same

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs of the accident site, report on the circumstantial statement of the driver, inquiry into the results of the crackdown on drinking driving, and report on the traffic accident;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Injury caused by occupational negligence: Article 3 (1) and proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, the selection of imprisonment without prison labor

(b) Point of driving under the influence of alcohol: Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of imprisonment;

1. Aggravation for concurrent crimes;