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(영문) 부산지방법원 2017.06.22 2017고단1133
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was engaged in driving of the car B in a PPP car.

1. On January 28, 2017, the Defendant driven the above vehicle around 01:20 on January 28, 2017 and tried to turn to the left from the Busan Bank to the corporate bank on the side of the Busan Bank.

In such a case, the driver of a motor vehicle shall not operate the steering gear, brakes and other devices of the motor vehicle at a speed or in such a manner as to hinder or endanger other traffic by accurately operating the steering gear, brakes and other devices of the motor vehicle. At the time, the defendant neglected his/her duty of care as above in a state where normal driving is difficult due to his/her negligence and received the part of the driver behind the left side of the taxi operated by the victim D, who was in the atmosphere signal at the front of the motor vehicle of the defendant.

As such, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as light salt, which requires medical treatment for about two weeks, to the victim.

2. On January 28, 2017, the Defendant was under the influence of alcohol level of 0.230% from blood transfusion around 01:20 on January 28, 2017, the Defendant operated the said car at a section of approximately 200 meters from the front side of the Busan Fri-gu Busan Busan Bank to the front side of the Busan Fri-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report and a medical certificate;

1. Application of Acts and subordinate statutes to a statement on the circumstances of a driver placed in the main place and a report on detection of such driver;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (within the scope of the sum of long-term punishments for each crime, the lower limit shall be the crime of violation of road traffic laws (drinking).

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