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(영문) 부산지방법원 2017.02.15 2016고단7802
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

The prosecution against the violation of the Road Traffic Act among the charges of this case is dismissed.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car in the manner of driving on the road traffic law, the violation of the Road Traffic Act (non-licenseed driving), and the violation of the Road Traffic Act (after accidents).

On November 30, 2016, the Defendant driven the above vehicle under the influence of alcohol concentration of 0.179% in blood without obtaining a driver's license for a vehicle on November 30, 2016, and led the above vehicle under the influence of alcohol concentration of 0.179% in Busan Eastdong-dong intersection, Busan, to the intersection of the same through the inner intersection from the inner intersection to the inner intersection, the Defendant was straightened along the one-lane between the three-lanes.

Since there is a place where traffic control is performed in accordance with the signals of the intersection, there was a duty of care to safely drive the upper left and the right in accordance with the lane marked on the road floor.

Nevertheless, the Defendant, as seen above, went without drinking and without obtaining a left-hand turn, was unreasonable at the first lane, which is the left-hand turn, and the victim D(39 years old) driving normally straighted at the second lane, and the left-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-on-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-on-hand-hand-on-hand-hand-hand-hand-hand-on

2. On November 30, 2016, the Defendant: (a) around 00:49, at the street in front of G-gu in Busan Eastdong-gu, Busan, the Defendant: (b) stopped at the wind to prevent the Defendant from driving a traffic accident, such as the foregoing paragraph (1); and (c) the victimized person, who followed himself, stops at the same time as the instant benz car.

Defendant, without taking any action from the victim of benz’s car, sought to depart from the Lone Starex, which is an object of the sudden danger, and the victim took by hand the window on the side of the Lone Starex driver’s seat, but the Defendant, even though the victim did not wish to die, said Defendant would throw away his hand from the window.

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