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(영문) 부산지방법원 2018.10.16 2018고단2792

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of 8.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a two-wheeled motor vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before it

On June 14, 2018, the Defendant driven the said two-wheeled vehicle under the influence of alcohol concentration of 0.209% during blood transfusions, and driven the eight-lane back from the intersection to the 0-lane in writing from the intersection of Busan City, where the Defendant driven the said two-wheeled vehicle under the influence of alcohol concentration of 0.209%.

In such cases, no driver shall drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to safely drive a motor vehicle by checking the front side well.

Nevertheless, while driving the said two-wheeled vehicle under the influence of alcohol, the Defendant suffered injury to the victim C, who was signaled in order to adjust street trees at the front part of the said two-wheeled vehicle, due to the influence of alcohol, by taking the victim as the front part of the said two-wheeled vehicle and having the victim receive approximately four weeks medical treatment.

2. On June 14, 2018, the Defendant was driving a two-wheeled vehicle under the influence of alcohol content of about 0.209% from the 1km section of approximately 1km from the 1km crossing located in the Sorasan-dong, Busan, Busan, to the 5-dong, Sinsan-dong, the 5-dong, Sinsan-do, the alcohol level of which is 0.209%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Statement of the circumstances of the driver at the main place of business and report of the traffic accident;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of fines for the crimes;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that there is an agreement with the victim on the reason of sentencing of Article 334(1) of the Criminal Procedure Act, and its own.