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(영문) 부산지방법원 2018.11.08 2018고단3960
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 is engaged in driving a Bco or a car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On August 7, 2018, around 11:42, the Defendant, while under the influence of alcohol at 0.289% in blood, proceeded with a one-lane prior to D Mart in Busan coastal Zone C, according to one-lane in the annual markets from the 1sturgical bank in bulk, while under the influence of alcohol at 0.289% in blood.

Since there are many vehicles standing around a narrow road in length and there are many others, they are not allowed to drive under the influence of drinking, and there was a duty of care to prevent accidents in advance by accurately operating the steering side and the steering system.

Nevertheless, under the influence of alcohol, the Defendant, while unable to properly operate the brakes with red, stringing and unfolding the face, was so driven by the Defendant’s failure to properly operate the brakes on the right side of the running direction, and the victim E (W, 33 years old) who stops on the right side of the vehicle was driven by the Defendant’s head side of the car operation.

As a result, 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 led the victim to a light fluoral fluoralum, which requires treatment for about two weeks.

2. On July 30, 2009, the Defendant was notified of a summary order of a fine of KRW 700,000,000 for a crime of violating the Road Traffic Act at the Busan District Court on July 30, 200 and a fine of KRW 2.5 million for the same crime at the same court on January 21, 2010.

Defendant 1. On the day set forth in the above 1. paragraph, Defendant 1 driven the c or car under the influence of alcohol concentration of about 0.289% from the 200-meter section of blood alcohol level to the roads in front of the D Mart located in C from the 4.0-dong-gu, Busan Metropolitan City Yando.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

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