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(영문) 부산지방법원 서부지원 2019.06.12 2019고단82

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person who is engaged in driving a car in C Spo-type car owned by B (hereinafter “instant automobile”).

On December 8, 2018, the Defendant driven the instant vehicle under the influence of alcohol of 0.160% with a blood alcohol concentration of 09:08, and driven the road of 1 lane in front of the “E” located in Gangseo-gu Busan Metropolitan City at a speed of about 30km in speed from “F” to “G”.

At the time, the driver was at night and was at a three-distance intersection, so in such cases, there was a duty of care to safely operate the steering system and the steering system by accurately operating the steering system and the steering system.

Nevertheless, due to negligence of not neglecting this, the Defendant, at the E parking lot located on the left-hand side of the Defendant’s progress direction due to the negligence of not neglecting it, got off the road of the opposite direction to the Defendant’s progress direction, and received the back wheeler and the rear wheeler of the victim H(24 years old), who entered the road to the Defendant’s progress direction, as part of the front part of the instant vehicle.

Ultimately, the Defendant driving the instant vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury, such as dynasium in the bones of wood, which requires treatment for about two weeks to the victim H, and the victim J (24 years of age) who is a passenger of the said A-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn

2. Around 09:08 on December 8, 2018, the Defendant driven the instant vehicle under the influence of alcohol by 0.160% at the 1km section from the front of the “L” located in the Gangseo-gu Busan Metropolitan City K to the front of the “E” located in the same Gu as the “E” located in the same Gu.

3. The Defendant illegally uses a motor vehicle shall be at the same time and place as paragraphs 1 and 2.