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(영문) 부산지방법원 2021.02.05 2020고단4762
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 October 18, 2020, the Defendant driven a Dsch Rex 250 vehicle under the influence of alcohol concentration of about 0.123% from around 00:20 around 18, 2020 to around 1km from around 20:0 to around 3, 200.

2. The Defendant is a person who is engaged in driving a car with DNAsch Rexroth 250, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving)

The defendant, at the time of the day specified in paragraph 1, was driving the above car on the one-lane road in the section C as specified in paragraph 1 of the 1.

At this point, it is a one-lane road, and there are parked vehicles on the road, so the driver of the vehicle has a duty of care to thoroughly perform the duty of booming and driving on the 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 and the correct operation of brakes and steering gear to prevent accidents from occurring.

Nevertheless, even though the Defendant neglected to perform sobriage while driving a FM5 passenger vehicle driven by a victim E (55) in the opposite part of the Defendant, the Defendant was negligent in neglecting the duty of breath and the left part of the damaged vehicle due to the Defendant’s failure to neglect the duty of breath on the left part of the damaged vehicle.

Ultimately, the Defendant suffered from the injury of climatic salt, etc. in need of a two-day medical treatment on the part of the victim E due to the above occupational negligence, the injury of climatic salt, etc. in need of a two-day medical treatment on the part of the damaged vehicle, the injury of the victim G (40) and H (64) in need of a two-day medical treatment on the part of the injured vehicle, the injury of the victim I (69 years old) in the part of the climatic radiation, etc. in need of a two-day medical treatment on the part of the victim I (69 years old), the injury of the victim J(7 years old) and K (5 years old), the injury of the climatic salt, etc. in need of a two-day medical treatment on the part of the victim L(38 years old).

Summary of Evidence

1. The defendant's oral statement;

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