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(영문) 부산지방법원서부지원 2020.11.12 2020고단866
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

1. 특정범죄가중처벌등에관한법률위반(위험운전치상) 피고인은 B 포르테 쿱 승용차량의 운전업무에 종사하는 사람이다.

On February 22, 2020, the Defendant, at around 16:54, is red and smelled with a large amount of drinking, and when it is difficult to drive the said vehicle normally due to drinking, such as snow snow snowing in unstable condition, etc., he driven the said vehicle while driving the vehicle at an intersection in front of the Busan Gangseo-gu C market, leading it to a right right-hand speed from the right-hand side of the land at the intersection in front of the Busan Gangseo-gu C market.

Since there was a frequent intersection of vehicle traffic, there was a duty of care to prevent accidents by checking whether a person engaged in driving of a motor vehicle has no other motor vehicle in the direction of proceeding by emphasizing the boom and the side.

Nevertheless, the Defendant neglected this and neglected to drive normally due to influence of drinking, and neglected to by negligence on the front side and the right side of the front side and caused injury to the victim D(60 years of age) who was driven by the victim D(60) who was left to the left from the right side of the front side of the motor vehicle at the right side of the motor vehicle in the direction of the defendant's vehicle and caused the victim to suffer on the front side of the motor vehicle for about two weeks in need of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) drive the vehicle under the preceding paragraph in the state of alcohol alcohol concentration of about 100 meters from the Gangseo-gu Busan Metropolitan City City City to the front intersection of the C market.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report (1);

1. The circumstantial statement of the employee;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Medical certificates, vehicle photographs, etc.;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Articles of the Criminal Act and specific crimes as to the choice of punishment.

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