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(영문) 부산지방법원 서부지원 2021.03.24 2020고단2150
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of B1 ton B and II cargo.

1. On March 10, 2016, the Defendant violated the Road Traffic Act (drinking driving) was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 5 million for the same crime at the same court on April 14, 2016, and a summary order of KRW 5 million for the same crime at the same court on May 4, 2016, and was sentenced to a summary order of KRW 5 million for the same crime on May 12, 2016 by the same court on August 12, 2016.

On August 13, 2020, the Defendant: (a) around 16:47, the Do in front of the Busan Northern City C market, and (b) around 53, from around the 1km section to the road adjacent to the front intersection of the 53-lane, operated the above cargo vehicle while under influence of about 0.167% alcohol concentration in blood, and violated the prohibition of drinking at least twice.

2. On August 13, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol level of 0.167% during blood transfusion on August 13, 202, and came to proceed in the direction of Manduk-dong from the direction of Kukcheon Intersection with alcohol level of 0.167%.

In such cases, the driver of the motor vehicle had a duty of care to prevent accidents by properly operating the brake system and properly operating the steering system.

Nevertheless, the Defendant neglected this and got back of the E-learning Motor Vehicle driven by the victim D, which was driven by the victim D, in front of the motor vehicle in front of the motor vehicle in front of the motor vehicle in front of the motor vehicle due to the negligence of the Defendant, while driving the motor vehicle in front of the motor vehicle in front of the motor vehicle in front of the motor vehicle in front of the motor vehicle.

G The parts of the G taxi were back to be received.

Ultimately, the Defendant driving the above cargo in a situation where normal driving is difficult due to the influence of drinking, and driving it on the part of the victim D, which requires approximately two weeks medical treatment to the victim, such as salt, tension, etc., and the victim H who is the passenger of the above-learning vehicle.

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