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(영문) 부산지방법원 2020.01.08 2019고단5103
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

[criminal power] On December 14, 2016, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act from the Busan District Court on December 14, 2016, and on January 3, 2017, the same court received a summary order of KRW 3 million as the same crime and received a summary order of KRW 3 million from the same court on at least two occasions in violation of Article 44(1) of the Road Traffic Act.

【Criminal Facts】

1. Around 15:10 on September 17, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) driving, at the end of the D bus end, drive a Fpoter freight vehicle in front of the CUtilizationwon located in the Busan Young-gu, Busan, at the end of the D bus end, at an insular speed. At that time, the Defendant was in a state that the blood alcohol concentration reaches 0.186%, and the walking condition was difficult to drive normally due to the influence of drinking, such as the mold distance.

Nevertheless, the Defendant driven the above while driving the vehicle at the right side of the direction of the Defendant’s proceeding, and caused the victim G (the age of 61) to go beyond the floor by shocking the front side of the Defendant’s driving vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as a diversity pacting, etc., which requires approximately three weeks of treatment.

2. On September 17, 2019, the Defendant driven a F Poter Cargo Vehicle under the influence of alcohol concentration of 0.186%, without a driver’s license, at a section of about 1km from the first road located in H in the Busan Young-gu, to the front road of the C user in the same Gu from September 15:10, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. G statements;

1. The circumstantial statement of the employee;

1. A traffic accident report;

1. A medical certificate;

1. Each photograph;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. A previous conviction in judgment:

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