logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2020.10.15 2020고단1439
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving a B low-speed car.

On April 11, 2020, the Defendant driven the said car under the influence of alcohol of 0.104% with a blood alcohol concentration of 0.104% on Apr. 11, 2020, and led the road front of the 119 Safety Center located in the Southern-gu Busan Metropolitan City, to the C apartment room on the reduction distance.

At the time, the driver of a motor vehicle had a duty of care to prevent the accident in advance by putting the front door and accurately manipulating the steering and steering system and operating it safely.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the above duty of care and neglecting the operation of the brake system accurately, and was negligent in passing the road on the right side from the left side of the running direction of the Defendant, and received the victim D(53) who was crossing the road on the right side in front of the said car.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury, such as an injury to the victim, such as a blood transfusion, in which there is no two or more external sufferings in need of an open medical treatment for about six weeks.

2. Violation of the Road Traffic Act (LA) was driven by the Defendant at a temporary border in paragraph (1) of this Article in the state of alcohol of about 15 km from the front of the store in the vicinity of the city in the Shin-dong of Busan to the front of the 119 Safety Center in the Southern-dong of Busan to the road in the Nam-gu of Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of traffic accident prepared D;

1. The traffic accident report report, the actual condition survey report, the notification of the results of the drinking driving control, the inquiry into the results of the drinking driving control, the diagnosis report on the situation of the accident, the screen image CD.

arrow