logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.09.19 2013고단8866
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On August 12, 2013, at around 23:45, the Defendant driven a rocketing car with a blood alcohol content of about 0.142% under the influence of alcohol from the section of approximately 3km from the front of the yellow wedding hall located in the Dong-dong, Busan to the front of the wharf for the first underground tea of the same Seocho-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of a selective fine, but the amount of such fine shall be determined in consideration of the fact that it is an initial offender and the amount of drinking alcohol;

1. Around 23:45 on August 12, 2013, the Defendant: (a) driven the said rocketing car; (b) proceeded at a speed of about 50 km for six lanes from five to three lanes in front of the first underground lane in Busan Dong-dong; (c) the Defendant, while under the influence of alcohol, changed the course from three lanes to two lanes; and (d) took part of the victim D(29 years of age) driving Ei30 driven by the Defendant driving on the right side of the said vehicle for about three weeks; and (d) suffered injury to D for two weeks, requiring approximately two weeks medical treatment on the part of the damaged vehicle; (e) the injured victim G(27 years of age); and (e) the injured victim H(30 years of age, requiring two weeks of age; and (e) the injured victim H(30 years of age, requiring two weeks of age; and (e) the injured victim(s).

(2) On the other hand, the Defendant asserted to the effect that there was no negligence related to the accident on the part of the Defendant, since the Defendant, at the time of the accident, was driving under influence at the time of the accident, due to the shock of the vehicle behind the normal operation by entering the three lanes at the time of the accident.

The principal evidence corresponding to this part of the facts charged is a statement made by D at court, the results of the traffic accident investigation and analysis, and the defendant at the time.

arrow