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(영문) 부산지방법원 2018.04.12 2018고단59
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around September 15, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) driven a side road in front of the “C” located in Busan Frangu B, Busan, with alcohol concentration of 0.233% while under the influence of alcohol during blood, and driven a Do SM5 car on the side of the macro-market, thereby driving it at a speed of about 5 km per hour on the side of the macro-market.

Since there are many pedestrian traffic roads near the market, there was a duty of care to prevent accidents in advance by properly manipulating the brake system if pedestrians appear while living well in the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and failed to properly operate the brake system under the influence of alcohol, and did not discover the victim E (hereinafter referred to as 28 years old) who was coming at the edge of the same direction in front of the left-hand side of the same direction, and did not escape, the Defendant shocked the victim's right-hand part of the victim's elbow by driving on the left-hand side of the vehicle.

After all, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered approximately three weeks of medical treatment to the victim, resulting in the victim's right shoulder, which is the right shoulder.

2. Defendant 1, while under the influence of alcohol as stated in the above 1.1. paragraph, Defendant 2 driven a Dom-5 car from approximately 300 meters to the road of “C” located in F of Busan Gu, from the road of “G State” located in F of Busan Gu to the road of “C” located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. Certificates of diagnosis and certificates of discharge from admission;

1. A traffic accident report (on-site investigation report), a statement of the circumstances of the driver in charge of driving, an investigation report (on-site report of the driver in charge of driving), an inquiry of the results of crackdown on drinking driving, an internal investigation report (a copy of the register using a drinking-free measuring instrument), an internal investigation report (a copy of the register using a drinking-free measuring instrument), and an internal investigation report (a CD attachment to a Ga

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