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(영문) 부산지방법원 2017.05.30 2017고단441
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving the last car in B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On October 11, 2016, the Defendant driving the said car with alcohol content of 0.147% while under the influence of alcohol without obtaining a driver's license on October 11, 2016, and driving the said car with two lanes in front of the Jicheon-gu Busan, Busan, as the Geumcheon-gu Geumcheon-gu, the two lanes in front of the three lanes were changed from the boundary of the Jicheon-gu to the boundary of the Seocheon-gu.

Since the place was a road on which the passage of a vehicle was frequent and there was a vehicle driving in the same direction as the three-lanes, in such a case, the driver of the vehicle has a duty of care to inform the person engaged in driving the vehicle of changing the direction of the vehicle on the side line before he well sees the direction and direction, and to accurately operate the steering direction and brake system before changing the vehicle.

Nevertheless, the Defendant neglected this and caused the change of the lane from the two lanes to the three-lane in the situation where it is difficult to drive a motor vehicle normally due to the influence of alcohol without obtaining a driver's license, and instead did not turn the front side and the right side and the direction, etc. in advance, and caused the change of the lane from the three-lane to the three-lane, and the part behind the driver's seat of the victim C (26 years old) who was going in the same direction to the three-lane to the more as the front side of the motor vehicle driving of the Defendant.

As a result, the Defendant suffered from the Defendant’s negligence in the course of performing the above duties with a scarcity which requires approximately two weeks of treatment.

2. On April 25, 2012, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act (drinking driving) or a violation of the Road Traffic Act (drinking driving) at the Busan District Court on April 25, 2012. On December 24, 2015, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act (drinking driving).

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