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(영문) 부산지방법원 2019.02.28 2018고단5496
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving of B rocketing taxi in violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury).

On August 20, 2018, the Defendant driven the above taxi under the influence of alcohol level of 0.154% on blood alcohol level around 14:50 on August 20, 2018, and continued to turn to the left at the intersection of the entrance of Busan Jin-gu Busan apartment at the front of the entrance of Busan Jin-gu C apartment at the c apartment room from the bend

At all times, there is a place where the left-hand turn is installed to the intersection where the passage of the vehicle is frequent, so in such a case, a person engaged in driving service has a duty of care to safely drive the other vehicle by accurately operating the steering direction and brake system.

Nevertheless, under the influence of alcohol such as alcohol, the Defendant: (a) under the influence of alcohol, had the face of red light, in an incorrect and inaccurate manner; and (b) had the left-hand part of the said Oral Ba in the front part of the right-hand part of the instant taxi by negligence in the course of business, which was found late after the MaGGAJET 124C Oral Baba, without a license plateed by the victim D, who was in a two-lane of the said intersection from the chill of the modification tunnel to the front side of the chill; and (c) had a chilled the left-hand part.

Ultimately, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and caused the victim to suffer bodily injury, such as salt pans, tensions, etc. in need of medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driving the said taxi under the influence of alcohol by 0.154% at a section of about 500 meters from the front side of the said C apartment E-dong to the entrance front intersection of the said C apartment at the time set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a D traffic accident;

1. A report on detection of a motor vehicle driver and a traffic accident report (1) (2);

1. The application of the law of the medical certificate.

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