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(영문) 부산지방법원 2020.05.20 2020고단929
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On May 10, 2016, the Defendant was sentenced to a fine of KRW 1.5 million by the Busan District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was a person who is engaged in driving of B Poter Cargo Vehicles, and was under the influence of alcohol 0.154% at around 21:30 on February 13, 2020, the Defendant driven the above cargo vehicles and proceeded with the road of seven-lanes in front of Busan Jin-gu, Busan, in accordance with two-lanes at the right angle from the side of the main road.

Since there are many roads, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by thoroughly examining the front side and the right and the right and the right of the motor vehicle, and thoroughly preventing accidents.

그럼에도 피고인은 술에 취하여 말투가 어눌하고, 보행이 비틀거리는 등 음주의 영향으로 정상적인 운전이 곤란한 상태에서 위와 같은 주의의무를 게을리 한 과실로 전방에서 신호대기 중이던 피해자 D(여, 54세) 운전의 E 벤츠 승용차의 뒤 범퍼 부분을 위 화물차의 앞 범퍼 부분으로 충격하였고, 그 충격으로 위 벤츠 승용차가 앞으로 튕겨나가며 앞 범퍼 부분으로 전방에서 신호대기 중이던 피해자 F(56세) 운전의 G 제네시스 승용차의 뒤 범퍼 부분을 충격하게 하였다.

Ultimately, the Defendant, while driving the above cargo in a situation where normal driving is difficult due to influence of alcohol, sustained injuries such as salt, tensions, etc. in the trend of light that requires approximately two weeks of medical treatment to the victim H(56 years of age) who was boarding the said benz car, suffered injuries such as shoulders and strings, etc. which require approximately three weeks of medical treatment to the victim H(56 years of age). In addition, the Defendant, at least two weeks of medical treatment to the victim F, was the victim I (5 years of age) who was driving the said f in the said fenz car.

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