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(영문) 부산지방법원 동부지원 2020.05.20 2019고단2172
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B franchise;

On August 22, 2019, the Defendant driven the said car under the influence of alcohol at around 04:30, while making it difficult to drive the car normally, and driven the front side of the D parking lot located in the Busan Suwon-gu C from the direction of the luminous zone.

At the time, in such a case, a driver engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the steering room and the left and right, and by accurately manipulating the steering gear.

Nevertheless, the Defendant was negligent by neglecting the above duty of care in such a state that it is difficult to drive under normal conditions as he did not see the front line with his intention, and by neglecting to operate the steering gear and the steering system as intended, and by neglecting the above duty of care, the Victim F (F, 71 years old) who was walking along the front line of the said car driven by the Defendant was committed as the front part of the said car.

As a result, the Defendant suffered injury to the victim, such as 4 minutes of flag pulver pulver pulver pulver pule, which requires approximately 16 weeks of treatment, due to the above occupational negligence.

2. The Defendant is a person who has been issued a summary order of KRW 3,00,000 on May 28, 2014 with the history of having been sentenced to a fine of KRW 3,00,00 as an offense of violating the Road Traffic Act in the Busan District Court’s branch branch court.

On August 22, 2019, around 04:30 on August 22, 2019, the Defendant driven B-low-scale car under the influence of alcohol with approximately 2 km alcohol concentration of about 0.154% from the front side of the D parking lot located in the Young-gu Busan Metropolitan City, to the front side of the D-gu in the same Gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A statement of the occurrence of a traffic accident of F;

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