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(영문) 부산지방법원동부지원 2020.10.21 2020고단1107
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, 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. On March 10, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a car from blood alcohol leveling 0.164% while under the influence of alcohol leveling at 0.164% on March 10, 202, and led to the intersection of the 626 South mountain street from the Do square to the 3-lane of the Dong Eup at the window of Changwon-si.

The driver of a motor vehicle shall not drive the motor vehicle while it is difficult to drive the motor vehicle on the front side or while it is difficult to operate the steering gear, due to the influence of drinking, and has a duty of care to ensure the necessary distance to avoid the collision with the motor vehicle traveling ahead and to prevent the accident in advance.

Nevertheless, the Defendant continues to drive in a state where normal driving is difficult due to the influence of drinking, as seen above.

At the front of the defendant's running direction, the back part of the victim C (Nam, 45 years old) driver's D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

2. The Defendant violated the Road Traffic Act (driving) at a time under paragraph (1) of this Article, while under the influence of alcohol by 0.164% at a blood alcohol level, the Defendant driven a motor vehicle B from around the window of Changwon-si to about 626 meters from the window in the window of Changwon-si to the window of 626 meters from the window of the same Gu.

Summary of Evidence

1. Each written diagnosis of the defendant C and E prepared;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of the crackdown on drinking-driving, the statement of the circumstances of the drinking-driving driver, and the investigation report shall be made to the driver; and

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