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(영문) 부산지방법원동부지원 2020.11.18 2020고단844

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for a term of one year and three months.

Provided, That the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 28, 2014, the Defendant was issued a summary order of KRW 3 million at the Busan District Court’s Branch Branch of the Dong Branch of the District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving BMW car;

On January 23, 2020, the Defendant driven the said car under the influence of alcohol of 0.107% with blood alcohol level around 00:10 on January 23, 2020, and led to the middle-dong and underground tea in the middle-dong of Busan Metropolitan City, Daegu Metropolitan City, to the middle-speed airspace from the sea-side bank.

At the same time, many vehicles are proceeding on the road at night, so the driver of the vehicle has a duty of care to safely drive the vehicle in order to prevent the accident in advance by safely driving the direction of the vehicle.

Nevertheless, in light of the fact that the Defendant was unable to drive under the influence of alcohol in light of the fact that snow is shocked and is inaccurate, the Defendant neglected such duty of care and found and avoided the police officer under the influence of alcohol in the front bank, and was negligent in proceeding with the opposite direction to the driving direction of the above road. The front end part of the victim C (Nam, 42 years old) driving, which was under normal conditions in the rear bank, was followed by the Defendant’s vehicle and the front end part of the victim C (Seoul, 42 years old) driving.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., which requires approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (F) was driven by the Defendant from the road front of the “F” week located in the Busan City Shipping Daegu of Busan to the H road located in the same Gu as the Defendant was under the influence of alcohol of about 300 meters with a blood alcohol concentration of about 0.107% from the road front of the “F” week in the Busan City Traffic Daegu of Busan.

Summary of Evidence

1. The defendant;