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(영문) 부산지방법원 2021.01.28 2020고단4500
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a K3 car.

1. On September 8, 2020, from around 01:54 to around 02:10 on the same day, the Defendant driven the said car under the influence of alcohol with approximately KRW 0.133% of alcohol level in the section of about 5km from the side near the “D University” located in the Seo-gu Busan City to the front day of the “F stations” located in Busan Jin-gu E.

2. On September 8, 2020, the Defendant driven the said car while under the influence of alcohol level of 0.133% in blood around September 8, 2020, while driving the said car at a speed that would not be known to the direction of the intersection in the direction of the I apartment.

At the time, there is a duty of care to prevent accidents by safely driving in accordance with traffic signals by reducing speed and properly examining the right and the right of the person engaged in driving service.

Nevertheless, the Defendant neglected this and was negligent in driving on the left side of the Defendant’s vehicle, which was driven by the victim J while in front of the signal at one-lane opposite to the width of the cross-section, due to the negligence of the Defendant, in violation of the signal while driving in a red signal.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to drinking, resulting in the Defendant’s injury to the victim, such as light salt, which requires approximately two weeks of medical treatment.

3. Around September 8, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) and the Road Traffic Act (hereinafter referred to as the “Aggravated Punishment, etc. of Specific Crimes”), driving the said car at around 01:54 on September 8, 2020, led the Defendant to drive the said car along the intersection of H in front of Busan Jin-gu, Busan, along the one-lane from

At the time, the signal, etc. is installed at night and at the same time.

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