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(영문) 부산지방법원 동부지원 2020.02.06 2019고단2078
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

On October 28, 2015, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court for the crime of violating the Road Traffic Act.

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driven on September 15, 2019 by the Defendant while under the influence of alcohol 0.149% in blood alcohol concentration on September 15, 2019 and parked the said cargo at the parking lot located in Busan Southern-gu, Busan.

Since there are many vehicles parked as a parking lot in the university, in such a case, the driver of the vehicle had a duty of care to safely operate the vehicle by accurately operating the front, rear and right and right and the right and the right and the right and the right and the right and the right and the right and the right of the driver.

Nevertheless, the Defendant neglected to do so, and instead, was able to drive normally due to the influence of drinking, such as a string distance in the state of drinking, while drinking, and was stopped at the back of the Defendant’s driving direction due to the Defendant’s negligence, which led to the Defendant’s failure to drive normally. The part of the back part of the FTball-off car in the front direction of the Defendant’s driving vehicle was considered to be the back part of the Defendant’s driving vehicle.

Ultimately, while driving a cargo in a situation where normal driving is difficult due to the influence of alcohol, the Defendant suffered the victim’s injury by negligence in the course of performing such duties, such as the climatic salt and tension that require approximately two weeks medical treatment.

2. The Defendant, while under the influence of alcohol content 0.149% at the time and time as stated in paragraph (1) of this Article, was driving B Poter cargo at a section of about 700 meters from the later side of the D University located in Busan Nam-gu, Busan to the front side of the Do University.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1);

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