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(영문) 부산지방법원 동부지원 2020.05.26 2020고단432
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

1. Around 02:30 on December 21, 2019, the Defendant driven a BMW 520d car under the influence of alcohol content of about 0.108% at a section of approximately 1km from a road near a main point where it is impossible to identify the trade name in the Dong-dong of Busan to the port where it is located in the Nam-gu, Busan.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a vehicle BMW 520D

On December 21, 2019, at around 02:30 on December 21, 2019, the Defendant driven the said car while under the influence of alcohol and continued to proceed directly from the pancheon-dong side to the west-gu, Busan.

At the time, there is a duty of care to accurately operate steering devices and brakes by making it possible for a person engaged in driving a motor vehicle to live well in the front traffic condition in the driver of the motor vehicle, since it is an intersection where signal is installed at night, and it is an intersection.

Nevertheless, the Defendant was negligent in driving a vehicle in a situation where normal driving is difficult due to influence of drinking, such as a remote distance, and the Defendant did not discover that the victim C(69 years of age) driven by the previous victim C, but did not drive the vehicle in accordance with the new subparagraph, and did not discover the behind part of the above taxi with the front part of the above vehicle driven by the Defendant, and caused the following part of the vehicle by the victim E(37 years of age) who was in the traffic signal while driving the said taxi in the future.

Ultimately, the Defendant is the victim, who was on board the front seat of the said taxi, by negligence in the course of driving the said vehicle while normal driving is difficult due to influence of alcohol, and caused the victim C to suffer bodily injury, such as dump, tension, etc. of the cump that requires a three-day medical treatment.

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