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(영문) 부산지방법원 동부지원 2019.06.12 2019고단332
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a passenger car B lowest

On February 21, 2019, at around 00:05, the Defendant driven the said car under the influence of alcohol of 0.182% with a blood alcohol concentration of 0.182%, and led the three-lane roads in front of the “D” located in Busan Southern-gu C to the direction of yellow tunnel from the direction of the south intersection.

The Defendant was negligent in neglecting the front-time in a state of difficulty in normal operation while under the influence of alcohol to the extent that the Defendant was blicking and inaccurate, blicking on the face, and that the blicking is unflicking, and that the blicking part of the F Sptyp vehicle driven by the victim E (the age of 28) was driven by the front-oriented part of the said vehicle.

As a consequence, the Defendant suffered injury to the victim, such as saved salt, etc., which requires approximately two weeks of medical treatment.

2. A violation of the Road Traffic Act (LA) was driven by the Defendant from the date and time set forth in the preceding paragraph to the “H restaurant” road located in Suwon-gu G to the “D” road located in Busan-gu, Busan-gu, to the “D” road located in Nam-gu, Busan-gu, with a blood alcohol concentration of about 0.182% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accident;

1. A traffic accident report(1)(2) and a traffic accident report(1)(2), the victim vehicle box image, the driver's situation statement, the investigation report(the investigation report), the results of the crackdown on drunk driving, the body of diagnosis, the investigation report(Submission of victim's medical records), the investigation report(Listening to and recording of suspect's telephone statement) and the investigation report(specific to the suspect's drinking driving section), the defense counsel cannot be deemed to have a difficult situation to drive normally due to the influence of drinking by the defendant.

However, the following facts and circumstances revealed through the evidence duly adopted and examined by this court, and the defendant (1).

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