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(영문) 부산지방법원 서부지원 2018.11.30 2018고단1721
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 of the Rayal car B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving)

On November 1, 2018, the Defendant driven the said car under the influence of alcohol level of 0.157% during blood transfusion at around 00:40, and proceeded along one-lane of the two-lane road from the front of the school, such as a dolter, which is in the Sleep-dong of Busan City, to the Private Center for the Aged from the direction of the glick-gu.

At night, it was difficult to view the view at night, and the place is an intersection where the passage of the vehicle is frequent, so in such a case, there was a duty of care to safely drive the steering gear and operation of the steering gear by reducing speed and properly manipulating the steering gear and operating the steering gear and the steering system.

Nevertheless, the Defendant did not accurately operate the steering gear and brakes in a situation where it is difficult for the Defendant to drive normally while under the influence of alcohol as seen above, and was caused by the negligence of the centering the central line, and the part of the Defendant’s front part of the victim C(59 years old)’s driving, which was proceeding directly on the opposite side, was committed as the front part of the Defendant’s driving car.

Ultimately, the Defendant suffered injury to the victim C due to the above occupational negligence, which requires approximately three weeks of medical treatment, and at the same time suffered injury to the victim E (56 years of age) who was accompanied by the victim E (56) who was accompanied by the damaged passenger car, such as a bid to the right side, which requires approximately two weeks of medical treatment.

2. The Defendant, as described in the above paragraph 1, driven B racing car in the state of alcohol concentration of approximately 0.157% from the blood alcohol level at approximately 1km to the front road of the school, such as the G cafeteria, located in the F of the Seo-gu Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A survey report, on-site photographs of accidents, and black stuff images;

1. Driving of alcohol;

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