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(영문) 부산지방법원 2019.01.30 2018고단5275
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a passenger car Benz E300;

On October 5, 2018, at around 23:25, the Defendant driven the said car while under the influence of alcohol with 0.190% of blood alcohol concentration, and led to the driving of the said car along the two-lanes between the beginning volume of Busan Dong-dong and the front volume of the four-lane, Busan Dong-dong, from the bottom of the Jadong wharf to the Busan Seaside.

Since there was an intersection where signal lights are installed, there was a duty of care for those engaged in driving cars to safely operate the steering system and steering the steering system by accurately manipulating the steering and steering system.

Nevertheless, under the influence of alcohol, the Defendant is able to breathly breathly, and breathly breathly fluently fluordly fluordly fludly fludly fludly fludly fludly fludly fludly fludly fludly fludly fludly fludly fludly fludly fluds.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and caused the victim C and the victim E (the 17-year-old) who is the passenger to suffer from the injury such as dump, tension, etc. for two weeks.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant on a temporary border at a section of approximately 1.5 km from the front of the entrance of the F market in Busan Dong-gu to the front road of about 0.190% of the blood alcohol concentration at approximately 1.5 km in the beginning of the same Gu from the above temporary border to the first road in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Traffic accident report, report on the circumstantial statement of the driver concerned, and report on the detection of the driver concerned;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The provision of relevant laws concerning criminal facts;

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