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(영문) 부산지방법원 2020.05.07 2020고단190
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

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

On January 9, 2007, the defendant was issued a summary order of one million won as a crime of violation of the Road Traffic Act at the Busan District Court.

1. Around 19:00 on November 19, 2019, the Defendant driven a Done Starex driver under the influence of alcohol concentration of about 4 km from the front of the Busan Jindong B apartment to the front of the Busan Jindong C, while under the influence of alcohol concentration of about 0.199%.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, once again drives a motor vehicle while under the influence of alcohol in violation of the above prohibition provision.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) is a person who is engaged in driving Dyone Star.

On November 7, 2019, the Defendant driven the above vehicle while under the influence of alcohol of 0.19% on blood alcohol level around 19:00, and led the road of four-lanes in front of Busan Metropolitan Government C in Busan Metropolitan City, along four-lanes from the Busan Viewing City to the intersection.

At this point, there is an intersection where signal lights are installed, and a lot of vehicle traffic, so the driver of the vehicle has a duty of care to prevent accidents in advance by accurately manipulating the brakes while keeping the front door well in the driver of the vehicle.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in driving the front door without properly examining the front door, and the Defendant followed the FK3 car of the victim E (V, 30 years old) driving in front of the direction of the Defendant’s proceeding, and received the front part of the Defendant’s vehicle.

As a result, the Defendant was driving the said van while it is difficult to drive normally due to the influence of drinking, such as a string distance, and the Defendant suffered injury such as salt, tension, etc. for about two weeks to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E’s statement of traffic accident;

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