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(영문) 부산지방법원 서부지원 2017.09.28 2017고단763
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On April 29, 2017, the Defendant, while under the influence of alcohol at around 22:40 on Apr. 29, 2017, the Defendant driven Cbea car with a alcohol content of 0.214%, and driven the road front of the oil station located in Busan Ho-gu D from the west-gu, Busan to the west of the Gump.

In such cases, there was a duty of care to safely proceed by checking the front side and the left and right of the driver of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive in a state where normal driving is difficult and by negligence while driving the vehicle, received a part of the lower part of the passenger vehicle back to the right part of the passenger vehicle of the Defendant, i.e., the victim F (F. 43 years old) who was waiting in the front of the signal at the front of the vehicle.

As a result, the Defendant suffered injury to the victim, such as catum dynasium, which requires approximately two weeks of medical treatment by occupational negligence as above.

2. On May 4, 2017, the Defendant driven C Abea car under the influence of alcohol content of about 0.132% from the 5km section from around May 4, 2017 to the 5km road located in the 430 Dodong apartment, which was located in the 430 Doha-gu, Busan, Busan, to the Doha-gu, and from the 5km road located in the Dong-dong, the Defendant driven Cbea car under the influence of alcohol content of the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 2, and 44 (1) of the Road Traffic Act concerning the crime, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The crime was committed repeatedly within the short period of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the blood alcohol concentration is very high, and the risk of causing various traffic accidents.

(b) appears;

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