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(영문) 부산지방법원 2017.03.17 2017고단278

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by a fine of KRW 8,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 23:55 on December 27, 2016, the Defendant driven B K5 cars while under the influence of alcohol with approximately 100 meters alcohol concentration at approximately 0.155% from the 100-meter section around the Busan East-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

2. The Defendant is a person who is engaged in driving a car BK5 vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

The Defendant, while under the influence of alcohol concentration of 0.15% among the blood transfusions at the time of the day specified in paragraph 1, was driven by Busan East-dong, Busan, East-dong, along with three-lane roads from the next middle school to the terminal shooting distance in the old East-dong.

Since at night, there was a duty of care to look at whether there was a vehicle stopping due to signal waiting in the direction of the vehicle driving service, it was a duty of care to look at whether there was a vehicle stopping on the part of the driver.

Nevertheless, due to the negligence that the Defendant was negligent in driving while under the influence of alcohol while making it difficult for the Defendant to drive the taxi normally, the Defendant was negligent in driving the victim C (59) who was in the traffic signal waiting in front of the direction of the Defendant’s driving, and the Plaintiff was unable to find the Busan DK5 si in front of the direction of the Defendant’s driving, thereby receiving the victim’s taxi backer.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment between two weeks due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each traffic accident report prepared in C and E;

1. The actual investigation report on traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (No. 15, 17, and 18 No. 18);

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (1) of the Road Traffic Act.