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(영문) 부산지방법원 동부지원 2019.02.14 2018고단2556
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 23, 2018, the Defendant was sentenced to six months of imprisonment with prison labor at the Busan District Court for fraud, etc., and on May 8, 2018, the judgment became final and conclusive on May 17, 2018 after the detention was released by the Jin prison.

1. On November 18, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Road Traffic Act (hereinafter referred to as the “Road Traffic Act”), driving DNA vehicles on the front side of the restaurant of the trade name C located in Busan Shipping Daegu, Busan, around 12:35.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to safely drive the motor vehicle by properly operating the steering and steering system and operating the steering and steering system.

Nevertheless, the Defendant neglected the above duty of care, while driving in a state where normal driving is difficult due to 0.275% of blood alcohol concentration, and received the victim E (44 years of age) who is a pedestrian while driving in a state where normal driving is difficult, and subsequently received the left-hand side of the Gwp vehicle owned by the victim F.

As a result, the Defendant suffered injury to the above victim E, such as “finites and tensions,” which requires approximately two weeks of medical treatment, and at the same time damaged the above victim F-owned low-pin vehicle amounting to KRW 256,00,000.

2. The Defendant violated the Road Traffic Act (driving) driving the said Dsch Rexroth vehicle under the influence of alcohol with the blood alcohol concentration of 0.275% at the time and place specified in paragraph (1) of the same Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident in E and F preparation;

1. The survey report, traffic accident occurrence report, the investigation report, the investigation report (the report on the situation of the driver), the report on the situation of the driver, the report on the drinking driver, the records on the use of the drinking measuring instrument, the breath measurement accident, the report on the internal investigation (the search for the personal damage of the victim E), the medical certificate, the investigation report, and the attachment of the video of the vehicles affected by the investigation report.

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