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(영문) 부산지방법원 동부지원 2020.06.23 2020고단806
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bchip motor vehicles.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was driven by the Defendant at around 00:20 on April 3, 2020, while under the influence of alcohol concentration of 0.133% on blood alcohol level, and led to the E-section from the front of the U.N. road located in Busan Southern-gu C.

At that time, they are nights and cross-roads, and the driver of a motor vehicle has a duty of care to properly see the front side and the left side according to the traffic flow, and to accurately operate the steering and steering devices.

Nevertheless, the Defendant, who neglected to drive under the influence of alcohol by negligence, received the back part of the victim G(38 years old) driving car in the atmosphere in order to turn to the left from the entrance of the F at the seat of the same road as the front part of the franchise which the Defendant is driving.

As a result, the Defendant suffered injury to the victim G, the victim I (38 years of age), and the victim J (38 years of age) of the same victim, respectively, by negligence in the course of driving a motor vehicle while normal driving is difficult due to influence of alcohol, for about two weeks of medical treatment.

2. The Defendant was under the influence of alcohol by 0.13% at the time and place specified in the above Paragraph (1) of the Road Traffic Act, and the Defendant was driving a car with approximately KRW 1 km from the south-gu K University to the front road located in Nam-gu C of the same city, Nam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), (2), a traffic accident report, a site photograph of the accident, and a photograph of the accident vehicle;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a drinking driver, report on the circumstantial statement, and the control of drinking driving;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed on February 4, 2020 for each of the pertinent provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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