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(영문) 부산지방법원 2016.10.19 2016고단5038
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became 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 driving a car B;

On May 25, 2016, at around 22:30, the Defendant driven the said car with a blood alcohol concentration of 0.142% 0.1%, and led to turn to the left at the same seat from the gold village room of the Busan East-gu hot spring new apartment.

Since the location of the vehicle was a road on which the passage of the vehicle was frequent, there was a duty of care to prevent accidents in advance by accurately operating the steering system and operating the steering system.

Nevertheless, the Defendant, while neglecting this and making it difficult for the Defendant to drive the said car at a normal level due to influence of drinking, was negligent in driving the car at the front of the car in order to turn to the left at the left-hand level from the front-hand room of the gold village. The part of the victim C(W, 41 years old) who was parked at the front-hand room of the car in order to turn to the left-hand.

Ultimately, the Defendant suffered, by such occupational negligence, injury to the victim C, such as sugars, which had no room within two weeks of open medical treatment for approximately two weeks, and injury to the victim E (n.e., female, 39 years of age) who was aboard the said turbed car, in which approximately two weeks of medical treatment is required for approximately two weeks of medical treatment.

2. On June 3, 2008, the Defendant violated the provisions concerning prohibition of driving under the influence of alcohol on more than two occasions under the Road Traffic Act by receiving a summary order of a fine of one million won from the Busan District Court for a violation of the Road Traffic Act (driving under the influence of alcohol), and on March 31, 2009 at the same court on March 31, 2009, receiving a summary order of a fine of two million won for a violation of the Road Traffic Act.

On May 25, 2016, the Defendant was under the influence of alcohol of 0.142% in blood alcohol concentration at around 22:30, as Busan East-gu.

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