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(영문) 부산지방법원 2021.02.18 2020고단4926
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On July 26, 2016, the Defendant received a summary order of KRW 3 million from the Busan District Court due to a violation of the Road Traffic Act (driving).

[Criminal facts]

1. On September 17, 2020, the Defendant was driving a DNA strawing car under the influence of alcohol level of 0.119% from the influent land of Busan Northern-dong to the roads in front of C in Busan-dong, Busan-dong, around September 17, 2020, while under the influence of alcohol level of 0.119%.

2. The Defendant is a person who is engaged in driving a DNA rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On September 17, 2020, the Defendant driven the said rocketing car with a alcohol level of 0.119% in around 21:30 on September 17, 2020, and driven the front road located in Busan East-gu B at a speed of about 40km per hour from the east bank to the coastal intersection.

In this case, the driver has a duty of care to safely operate the steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving under normal conditions such as red red, neglected to drive the same road beyond the center line of yellow domin line, and was in the front part of the victim E (the 68-year-old driver), who normally driven the same road on the opposite side from the shore to the same side at the east of the east side of the road.

Ultimately, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the influence of alcohol, and inflicted injury on the victim E, such as “inwards and blood species on the lower part of the left part of the earth for about four weeks,” which requires a four-day medical treatment, and the injury such as “inwards and blood species on the lower part of the back and the lower part of the vehicle for about four weeks,” which requires a four-month medical treatment to the victim G (the age 62) who is a passenger of the said high-speed car.

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