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(영문) 부산지방법원 2020.04.08 2020고단470
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

[Criminal Power] On September 6, 2016, the Defendant received a summary order of a fine of KRW 4 million from the Busan District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Around 19:40 on January 22, 2020, the Defendant driving a D low-speed car with a blood alcohol concentration of about 0.142% while under the influence of alcohol at approximately 1.5km from the vicinity of the Busan Jin-gu to the front of the same Gu C from the Busan Jin-gu to the same Gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. On January 22, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving the said D-high-est car with a blood alcohol concentration of 0.142% under the influence of alcohol around January 19, 202, and transferred the road in front of Busan Jin-gu C, Busan to the direction of the E market in the direction of the E market.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by thoroughly examining the front side and the left side and the left side, and thoroughly preventing accidents.

Nevertheless, while the Defendant neglected to perform sobriage, while driving by the Victim F (Age 42) on the left side of the driving direction of the Defendant at the right side of the vehicle of the Defendant, the Defendant faced the right side part of the damaged vehicle with the negligence of bypassing it.

As a result, the Defendant suffered, by negligence in the course of performing the above duties, a scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scop

Summary of Evidence

1. Defendant's legal statement;

1. The report of traffic accident (on-site investigation report), the notification of the result of the control of drinking driving, and the report on the circumstantial statement of a drinking driver;

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