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(영문) 부산지방법원 2020.09.02 2020고단2302
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. On January 30, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven a 0.171% alcohol concentration with blood alcohol around 08:35, while driving a 0.171% lutob, the Defendant driven the front road of D Driving Schools located in Busan Jung-gu C along the two-lanes of the old viewing distance protection area from the southpolog distance.

At the time, the Defendant changed the vehicle line to one lane, and in such a case, there was a duty of care to prevent accidents in advance by operating the steering gear properly and safely by notifying the driver of the vehicle of the direction, etc. in advance and by properly operating the steering gear by examining whether there is another vehicle driving in the first lane.

그럼에도 피고인은 음주의 영향으로 정상적인 운전이 곤란한 상태에서 조향장치를 적절하게 조작하지 못한 과실로 피고인이 운전하는 오토바이로 중앙분리대를 충격하고 계속하여 위 오토바이가 튕겨 나오면서 피고인 뒤에서 1차로를 따라 진행하던 E이 운전하는 F 쏘나타 승용차의 앞 범퍼 부분을 충격하였다.

As a result, the Defendant, while driving the above Oralba while having difficulties in driving normally due to influence of drinking, suffered injury, such as Article 6, 7-2, which requires approximately four weeks of medical treatment from the victim G (Nam, 20 years of age), who was the winner of the said Oralba, to the victim G (Seoul, and 20 years of age).

2. The Defendant was under the influence of alcohol level of approximately 0.171% from the 1km section of approximately 1km to the site of the accident described in paragraph (1) of the Road Traffic Act at a temporary border such as Paragraph (1) of the same Article, the Defendant driven the above GTS125 SObab while under the influence of alcohol level of about 1km.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G and E prepared;

1. A traffic accident actual condition survey report and an accident report filed against a driver;

1. Acts and subordinate statutes concerning investigation reports (as regards images and photographs of accidents), investigation reports (as to submission of medical certificates).

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