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(영문) 부산지방법원 동부지원 2018.04.18 2018고단79

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who drives a motor vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On December 31, 2017, around 06:40 on December 31, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.109% with the intersection of D Hanwon located in Busan Southern-gu, Busan-gu, under the influence of alcohol concentration of 0.109% in blood, and made the left turn to the right turn to the Gyeong-dong apartment at a speed that is not known by the two-lane from this expectation distance.

Since there is an intersection where signal lights are installed, the driver of the motor vehicle had a duty of care to live well on the right and the right of the driver of the motor vehicle, and to safely drive the motor vehicle in accordance with the signals displayed by the traffic safety facilities so as to prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant neglected this and did not confirm the signal prior to the entry into an intersection and did not turn turn on the two-lanes of the two-lanes, but violated the signal and received the front left turn part of the driver’s vehicle’s vehicle’s front part of the driver’s vehicle (57 Do) driving of the victim E(57 Do) driving the intersection from the first lane in line with the signal.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered from the injury of the said victim, such as fluoral salt, which requires treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said car at a section of about 100 meters prior to the intersection of D Hanwon, located in the parking lot located in the Nam-gu Busan Metropolitan City, in the state of alcohol of 0.109% of alcohol concentration in the same day and blood as that of the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving;

1. A medical certificate;

1. Accident video CDs;

1. Application of Acts and subordinate statutes to photograph scene photographs;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.