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(영문) 부산지방법원동부지원 2020.12.23 2020고단1825
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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

On October 27, 2006, the defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act in the Busan District Court's branch court.

1. The defendant is a person who drives a motor vehicle BVS in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury).

On June 2, 2020, at around 22:05, the Defendant driven the said car under the influence of alcohol of 0.182% with blood alcohol level 0.182% and proceeded to turn to the left at the luminous intersection of the D store located in the Busan Suwon-gu C from the south intersection to the luminous intersection.

At the time, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle at the time of the left-hand turn and prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, failed to accurately operate the steering gear while neglecting the above duty of care, was found to have entered the right-hand side of the Defendant’s right-hand side and proceeded in the same direction by entering the said intersection and driving the FST6 car in the direction of the victim E(E, 53 years old).

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the victim’s injury, such as light chills and tensions which require approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (LA) was driven by the Defendant on a temporary border under Paragraph (1) at the section of approximately 2.8 km from the date before the H store located in the Nam-gu Busan Metropolitan City to the time before the D store located in the same Si/Gun/Gu C, while under the influence of alcohol with about 0.182% of alcohol concentration at the section of approximately 2.8 km.

Summary of Evidence

1. Statement of the traffic accident E prepared by the defendant in court;

1. A report on traffic accident, a survey report on actual condition, a report on occurrence of traffic accident, and a photograph of the accident site;

1. The report on the results of the crackdown on drinking driving and the circumstantial statements of drinking drivers; and

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