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(영문) 부산지방법원 동부지원 2016.10.19 2016고단1189
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 24, 2009, the Defendant was sentenced to a summary order of 1.5 million won for a violation of the Road Traffic Act in the Busan District Court's branch court's branch court's order on November 24, 2009, and on May 23, 2016, the Defendant was indicted for a summary order of 1.5 million won for a violation of the Road Traffic Act (driving) in Busan District Court's branch court's branch court.

Criminal facts

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

On April 2, 2016, at around 07:15, the Defendant driven the said car while under the influence of alcohol of 0.189%, and proceeded two-lane roads in front of G in Busan-gun F, according to one-lane from polytex University to the tower, and made a left turn at the intersection located on the front side and proceeded to the tunnel.

At the time, the Defendant thought that he was unable to drive his vehicle on his own under the influence of alcohol, and was in a state of difficulty in normal driving, such as a big distance, without properly overcoming his body.

In addition, since the location is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to prevent accidents in advance by driving safely according to the traffic signal.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to make a left-hand turn at the intersection and violated the signal and entered the right-hand turn, received the front-hand part of the I SP car driven by the victim H (the age of 61) who was driven by the front part of the said car at the intersection due to the negligence of entering the intersection.

Ultimately, the Defendant driven the said car while under the influence of alcohol as above, and driven the said car while it is difficult to drive it normally due to the influence of alcohol, and suffered injury, such as a breast-fluoring of a chest for about five weeks, which requires treatment to the victim.

"2016 Highest 1250"

1. The Defendant violating the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) shall have the blood alcohol concentration at around 02:25 on April 2, 2016.

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