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(영문) 부산지방법원 2017.04.26 2017고단149
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of the B-A-Wood passenger vehicle.

On November 22, 2016, the Defendant driven the said car under the influence of alcohol content of 0.179% during blood transfusion 23:50 on November 22, 2016, and proceeded at a speed of about 114 km per hour in the direction of the entrance of the Busan East-gu C at the direction of modifying the front road.

Since at night, in such cases, a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle while normal driving is difficult due to influence of alcohol, and has the duty of care to prevent accidents in advance by driving the motor vehicle safely, such as making a good report on the traffic situation, accurately manipulating the steering direction, brakes, etc.

Nevertheless, the Defendant neglected to proceed in an excessive manner while changing the two-lanes from the two-lane to the three-lanes, and tried to stop, but failed to stop the vehicle. However, the Defendant was suffering from the injury, such as a farbbing, which requires approximately two weeks of treatment to the said victim E, by shocking the driver’s seat in front of the driver’s seat of the said damaged vehicle, with the upper part of the Farburged vehicle in front of the right side of the said damaged vehicle without being drunkly driven. The Defendant sustained the injury of the farbing and the farbing base, which requires approximately two weeks of treatment to the said victim E, the passenger of the said damaged vehicle, and the injury of the farbing base, etc. requiring approximately two weeks of treatment to the victim G (e.g., the farbing passenger of the said damaged vehicle (e., the farbing passenger).

Accordingly, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the victims to be injured.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Report on the circumstances of driving under the liquor:

1. A report on the detection of a driver employed in the main place (Evidence No. 13-1);

1. Each response to a request for appraisal;

1. Each written diagnosis;

1. Application of traffic accident reporting Acts and subordinate statutes;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 of the Road Traffic Act.

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