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(영문) 부산지방법원 2017.08.22 2017고단2439

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of 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 duties of the CL125.

On April 4, 2017, the Defendant, from the front of the Gambling market located in the Gambin-dong of Busan, Busan, around 21:18, to the front of the Gambin-dong of Busan, the Defendant driven the above Oamb in a section of about 300 meters of alcohol content at approximately 0.128% of alcohol content in blood, and driven the road front of the Gambin-dong with the speed of about 30km from the subway station to the front of the Gambin-dong of the Busan.

A person engaged in the driving of a motor vehicle shall not drive a motor vehicle on the ground that it is difficult to drive the motor vehicle normally due to the influence of drinking, and when a pedestrian passes a crosswalk, he/she has a duty of care to temporarily stop in front of the crosswalk to check the safety of pedestrians and to check the safety of pedestrians and prevent accidents in advance.

Nevertheless, the defendant neglected such duty of care and found the victim D who crosses the crosswalk to the right side on the left side of the crosswalk late, and operated it rapidly to avoid this, but the defendant did not avoid it, and went beyond the ground upon the victim's front part.

As a result, the defendant suffered from occupational negligence the body body felbling accompanied by the right felball that requires approximately 14 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident under DNA preparation;

1. Reporting of a traffic accident (1) (2);

1. Statement of the circumstances of the driver involved in driving;

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

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

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.