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(영문) 부산지방법원 2019.07.18 2019고단1665
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a QM6 car.

On March 23, 2019, the Defendant driven the said car while under the influence of alcohol of 0.216% of blood alcohol level around 01:20 on March 23, 2019, and led the Defendant to proceed in the direction of the black intersection in the direction of the black intersection, depending on the three-lanes in front of D in Busan Jung-gu C.

In this case, the driver has a duty of care to safely drive the steering system by properly operating the steering and steering system.

Nevertheless, the Defendant, while under the influence of alcohol, had the victim E(the age of 55) who was going to the opposite lane with a crosswalk display and a median zone while driving in the opposite lane, was forced to flickly drive the fyst in front of the other taxi.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered the victim’s injury of salt and tensions that require treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. A written statement on the occurrence of each traffic accident;

1. An investigation report on the actual condition of traffic accidents, a report on the detection of a model driver, a criminal investigation report (report on the circumstances of a model driver), and a criminal investigation report (in relation to the first situation);

1. Photographss of the accident site, vehicles booms, closure images, and images related to the accident;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 148-2 (2) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes shall be committed between the crimes of violation of the same Act, and any choice of imprisonment);

1. Aggravation for concurrent crimes;

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