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(영문) 부산지방법원동부지원 2020.12.10 2020고단1493
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving a B-to-pur vehicle

On May 19, 2020, the Defendant driven the said car under the influence of alcohol level of 0.164% on May 19, 2020, and entered the Busan Shipping Daegu Apartment Highway through a mountain route, and continued to proceed from the upstream of the transmission tunnel to the outflow of the mountain tunnel.

At this point, the two sections are the sections of the expressway and the general road, and a large number of vehicles are driven along the front section of the road, so the driver of the vehicle has a duty of care to prevent accidents in advance by driving the steering and steering system accurately and safely.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to perform the above duty of care and failed to accurately operate the operation of the operation system, due to negligence, which led to the victim D(the age of 46) driving while under normal operation in the front bank, and received the part of the panion in front of the Defendant’s car.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered from the victim’s dump and tension which require approximately two weeks of medical treatment.

2. A violation of the Road Traffic Act (LAR) set forth in paragraph (1) of this Article, the Defendant was driving the said B A-hurd-purged vehicle in the state of alcohol with a blood alcohol concentration of about 0.164% at the section of about 16 km from the front day of the Ildebal Bathing Beach, Busan-gun, Busan-gun, to the Busan Maritime Transportation Daegu apartment, and the East Sea

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement of the occurrence of a traffic accident as set out in D, a report on the detection of a drinking driver, an inquiry into the results of the crackdown on drinking driving, a report on the circumstantial statement of a drinking driver, and a traffic accident;

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