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(영문) 부산지방법원 2018.09.11 2018고단3020
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

1. On May 24, 2018, the Defendant: (a) driven C SP car under the influence of alcohol concentration of 0.222% in blood around 23:30 on May 24, 2018; (b) led the road front of the opening bank of the National Bank located in Busan Jin-gu welfare route to the intersection of the opening of the bank located in Busan Jin-gu, the speed of about 50km at the speed of 50km from the opening of the bank to the intersection of the bank.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to set the front side and to safely drive the steering direction and brake system of the motor vehicle in order to prevent the accident in advance.

Nevertheless, the Defendant, who was under the influence of alcohol, was negligent in the course of driving so as to keep the signal in front of the Defendant’s driving direction, followed the victim’s ES5 taxi vehicle, which was parked before the Defendant’s driving direction, and received the part concerning the panion in front of the Defendant’s driving vehicle.

As a result, the Defendant was driving under the influence of alcohol which makes it difficult for the Defendant to drive normally, and the Defendant suffered bodily injury, such as two sides, fluoral, and fluoral salt, which require approximately two weeks of medical treatment.

2. While the Defendant was under the influence of alcohol level of 0.22% during the day-to-day alcohol level on the day-to-day alcohol level, the Defendant driven the above SP car from the front day of the MP apartment located in the Busan Jin-gu, Busan, to the front day of the wallsan apartment located in the Busan Jin-gu, Busan, to the front day of the opening day of the National Bank located in the Busan Jin-gu, Busan, the Busan Jin-gu welfare level of approximately 500 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. A report on the detection of a primary driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 1 and 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each sentence;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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