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(영문) 부산지방법원 2017.03.17 2017고단283

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by a fine of KRW 5,500,000.

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

Reasons

Punishment of the crime

1. On December 23, 2016, the Defendant: (a) driven a B rocketing car under the influence of alcohol content of about 0.116% from the 1 Km section to the front road of 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-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person engaging in driving a rocketing car.

On December 23, 2016, the Defendant driven the said car under the influence of alcohol content of 0.116% during blood transfusions on December 23, 2016, and led to the driving of the said car in front of the Docheon-dong elementary school in Busan East-gu, Busan to the inland elementary school from the side of the same market.

At the time, there are many vehicles parked on the side of the road, and there are many places in which the vehicle is parked on the side, so in such a case, the driver of the vehicle has a duty of care to take care of the operation of the vehicle by accurately operating the steering gear and the brake system.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while neglecting the normal driving while making it difficult for the Defendant to drive the vehicle, and was driven by the victim C (28 tax) who was parked on the right side of the road in the direction of the Defendant, thereby having received the left side of the vehicle from the right side of the vehicle for the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as light fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident statement prepared C;

1. The actual investigation report on traffic accidents;

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

1. Photographss of damaged vehicles and photographs of vehicles;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the investigation report (No. 23 of the evidence list);

1. Relevant Articles of the Act concerning the facts constituting the crime;