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(영문) 부산지방법원 2021.03.29 2021고단84
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a BMW car.

1. On October 23, 2020, the Defendant driven the said vehicle under the influence of alcohol 0.130% in a section of approximately 1km from the front of the “D” road located in Busan Jin-gu, Busan to the front of the road. From around October 20, 202, the Defendant driven the said vehicle under the influence of alcohol 0.130% in blood alcohol level.

2. Around October 23, 2020, the Defendant driven the said car under the influence of alcohol as stated in paragraph (1) of the above Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and driven the road front Busan Jin-gu, Busan, with a speed of about 50km from the end of the crime to the intersection in writing.

At the time, it is night and where there are many vehicles, so in such a case, there was a duty of care to operate safely by accurately operating steering gear, brake system, and checking the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to drive the vehicle in normal condition, such as a light strhiffly and red, due to influence of drinking, and neglected to operate the steering gear and brakes properly before the Defendant’s vehicle, and caused the Defendant’s vehicle’s side side side by the Defendant’s failure to properly operate the steering gear and brakes. The Defendant’s failure to stop the vehicle in front of the Defendant’s vehicle in front of the Defendant’s vehicle, which led to the impact of the Defendant’s vehicle on the right side. While proceeding on the left side, the Defendant shicked the BRT advertising signboard beyond the opposite bus-only bus-only one, while proceeding on the left side, led the victim’s H (the other, the 65-year-old driver) while driving the vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant, as seen above, was negligent in the course of driving a car in a situation where normal driving is difficult due to influence of drinking, and caused the victim F by his occupational negligence to inflict a bodily injury on the victim F, which requires approximately two weeks medical treatment, and was accompanied by the vehicle in the T-gu vehicle driven by the said F.

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