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(영문) 부산지방법원 동부지원 2018.11.21 2018고단1893
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 violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a motor vehicle of the Lastren C with alcohol concentration of 0.171% at around September 2, 2018, while under the influence of alcohol during blood at around 20:29, the Defendant moved the front way of the truck in the Southern-gu Busan Metropolitan City Yongsandong into two-lanes among the four-lanes in the front direction of the flow room at the front direction of the city.

At the time, it was difficult to reduce the length due to night and rain, and there was a yellow-ray centering line at the right side of the bend road, so there was a duty of care to prevent accidents by safely driving the motor vehicle, such as emphasizing the right side, accurately manipulating the steering direction and brake system of the motor vehicle, and not harming the central line.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive in a normal manner, was driving without neglecting the above duty of care and was driving along the center line as is, due to the negligence of frighting the center line, and was driving along one lane from the five-lane opposite to the center line. The Defendant shocked the front part of the left side of the wing wing-wing vehicle by the victim D (V) who was driving at the age of 45.

As a result, the Defendant suffered injury to the victim, such as luminous bones, fellle, etc., which requires approximately six weeks of medical treatment due to the above traffic accident.

2. On July 13, 2006, the Defendant was issued a summary order of a fine of two million won due to a violation of the Road Traffic Act at the Busan District Court, and on April 10, 2015, a fine of four million won due to a violation of the Road Traffic Act at the Dong branch of the Busan District Court.

Although the Defendant had driven a drinking twice or more, on September 29, 2018, the Defendant driven C Laren vehicle at approximately 4km from the location of the Yongsan-gu Public Security Center near Busan, which was under the influence of alcohol 0.171%, to the end of the truck in the Nam-gu, Busan, Nam-gu, and the end of the truck in the Nam-gu, Busan.

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