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(영문) 부산지방법원 2019.03.26 2018고단4405
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. On August 12, 2018, the Defendant driven a F Ecoos car under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.245% from the section of approximately 100 meters to the Ecuas car located in C through D, located in Busan Jin-gu, Busan, to the front of the restaurant in D.

2. 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 by 0.245% at the time and place set forth in paragraph 1, and was driving the said Eccoo vehicle from the G to the Gu H at about 20km in speed.

Since there is a road where a central line is installed, the driver of the motor vehicle has a duty of care to properly operate the steering direction and brake system for those engaged in driving the motor vehicle and to prevent the accident from occurring on the right side of the central line.

Nevertheless, the defendant neglected this and failed to properly operate the steering direction and operation system under the influence of alcohol and received the front part of the car in front of the street lamps installed on the left-hand side due to occupational negligence.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and caused the victim I, who was the passenger, to suffer injury, such as the bones of bones for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A traffic accident report (1) (2), an investigation report (report on the circumstances of a drinking driver), and an appraisal report on blood alcohol;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018) - Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Article 62(1) of the Criminal Act are agreed with the victim.

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