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(영문) 부산지방법원 동부지원 2016.12.28 2016고단1719
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who has violated the Road Traffic Act (driving a sound driving) is driving B car driving.

At around 19:20 on August 1, 2016, the Defendant driven the car volume at approximately 1 km from the front of the restaurant located in the Busan Shipping Daegu Metropolitan Government, to the front of the D-D located in C, while under the influence of alcohol of 0.141% of alcohol concentration.

2. On August 1, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the Road Traffic Act (hereinafter “Road Traffic Act”) driving the said vehicle under the influence of alcohol content of 0.141% as stated in the foregoing 1.1., and driving the said vehicle at a speed of about 20km as soon as possible on the roads near Busan Shipping Daegu CD located in Busan Metropolitan City, and on the roads near Busan Metropolitan City, at a speed of 10km from the transmission bank.

At that time, there is a center line of yellow solid lines. Accordingly, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance, such as not driving a motor vehicle under the influence of alcohol but accurately manipulating the steering direction and brake devices, and not harming the central line.

Nevertheless, the Defendant got the front part of the Fti-gu Driving Vehicle in the Fti-gu Driving of the Victim E(33 years old) which was normally driven by the Defendant due to the negligence of driving the central line due to drinking, as the front part of the car driving of the Defendant.

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of drinking, thereby taking the victim into account the left-hand slick in need of two-day medical treatment, and at the same time damaged the victim E-owned vehicle to have the repair cost equivalent to KRW 16,207,355, such as replacement of the front slicker.

3. No automobile violating the Automobile Management Act shall be operated unless the matters concerning the operation, etc. of an automobile are entrusted by an owner of an automobile or an owner of an automobile.

Nevertheless, the defendant.

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