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(영문) 부산지방법원 서부지원 2019.01.15 2018고단2134
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person engaged in driving a vehicle B K5 in light of the Act on the Aggravated Punishment of Specific Crimes.

On March 4, 2018, the Defendant driven the said car under the influence of alcohol of 0.134% with a blood alcohol concentration of 0.134%, and proceeded with the second line road in front of the “D” located in Busan Seo-gu, Busan, with two lanes, into the boundary of “Mara-dong” in the north-gu, Busan.

In such a case, despite the occupational duty of care to prevent accidents by driving a person engaged in driving service by driving in a safe manner, such as putting a day off the road, reducing a speed according to road conditions, and accurately operating steering steering gear and brakes, the Defendant did not discover bicycles driven by the victim E, who is driving ahead of the Defendant due to negligence in the front of the front city under the influence of alcohol, and proceeded without discovering any bicycle driven by the Defendant E, which is driven by the Defendant, while driving service, and suffered injury, such as a closed acute trauma, which requires the victim to receive approximately 12 weeks of treatment, from the victim, due to the Defendant’s vehicle front part.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of the victim.

2. Violation of the Road Traffic Act (Miju Driving) as stated in paragraph (1) above, the Defendant driven a B K5 vehicle while under the influence of alcohol level of about 0.134% in the section of about 4 km up to the above D’s front road in front of the academic station located in the Busan Seo-gu trific zone.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) , a situation statement report on a home-employed driver, and an investigation report;

1. Application of Acts and subordinate statutes to the inquiry into the results of the drinking driving control, diagnosis certificate, certificate of automobile insurance, certificate of car driving license, ledger of automobile driving license, and car screening;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes, for which the option of criminal facts is given, are amended by Act No. 15981, Dec. 18,

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