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(영문) 부산지방법원 2020.02.04 2019고단5643
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 became final and conclusive.

Reasons

Punishment of the crime

On April 4, 2007, the defendant was issued a summary order of KRW 2 million by the Busan District Court as a crime of violation of the Road Traffic Act.

1. On August 1, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving a C bargaining car under the influence of alcohol concentration of 0.178% on the road in Busan Jin-gu B apartment on August 1, 2019, while driving it at a speed that cannot be known to the direction of E in the direction of the above apartment zone.

At the time, the vehicle was at night, and it was a narrow soft road without distinguishing the two lines. In such a case, there was a duty of care to safely operate the brake and steering gear by accurately manipulating the front and rear left by the vehicle driver.

Nevertheless, the Defendant neglected to do so and found that the vehicle was coming on the front side of the Defendant’s vehicle while it was difficult to drive in a normal manner due to the fact that the walk is unsatisf and the horse is divided into a non-satch and a horse project, and did not properly grasp the distance from the victim F, who was proceeding in the front side of the Defendant’s vehicle, and was subsequently driven by the Defendant’s driver, and received the front part of the said G vehicle as the part behind the Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and caused the victim to suffer injuries, such as salt, tension, etc. of the trend that requires medical treatment for about two weeks.

2. On August 1, 2019, the Defendant violated the Road Traffic Act (driving) even though there was a history of violating the prohibition of drunk driving as above, the Defendant driven a Clearning car under the influence of alcohol from around 100 meters to around 0.178% of blood alcohol concentration from around 19:5 on August 1, 2019 to the front day of the apartment E-dong, Busan Jin-gu B apartment Ddong, Busan.

Summary of Evidence

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