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(영문) 부산지방법원 동부지원 2016.06.08 2016고단460

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving B rocketing and other vehicles. On March 18, 2016, the Defendant did not subscribe to mandatory insurance at around 05:10 on March 18, 2016, but was unable to drive normally due to a large amount of speech and behavior under the influence of alcohol content of 0.147% during blood and walking, etc., the Defendant was driving the said vehicle along the three-lane prior to the operation of the said vehicle at the port of Busan Shipping Daegu Dokdong-gu, Busan, and driving the said vehicle along the one-lane from the shooting distance to the navigation beach.

At the time, the level of rain was mil, and there was a yellow-line center line installed at that place, so the person engaged in driving a motor vehicle had a duty of care to safely drive the motor vehicle without breaking the central line and reducing speed by accurately manipulating the steering gear and brakes before and after the end.

Nevertheless, under the influence of alcohol, the Defendant was negligent in operating the steering gear and brakes of the foregoing vehicle in a breath and without a well-breath, thereby proceeding in the opposite lane beyond the median line. D’(43 ) E’s front part of E’s T’s T’s T’s T’s freight vehicle was the front door of the Defendant’s vehicle.

Ultimately, the Defendant driving the said vehicle in a state where normal driving is difficult due to the influence of drinking, caused the victim to suffer injuries, such as the trend of light and the fluoral dysium, which requires a two-day medical treatment, and at the same time damaged the damaged vehicle in excess of KRW 4,961,702.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting of a traffic accident (1, 2);

1. A report on the detection of a driver employed in the main place, map of the site, and photograph;

1. Application of mandatory insurance-related Acts and subordinate statutes, such as inquiries, medical certificates, estimates, and accident site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) regarding the crime, and Articles 148-2 and 144 of the Road Traffic Act.