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(영문) 부산지방법원 동부지원 2017.03.27 2016고단2341
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine not exceeding five million won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car.

On November 5, 2016, the Defendant, while under the influence of alcohol 02:49, 0.161% of the blood alcohol level, was driven at a 0.161%, on the other side of Busan Southern-gu, the road of three lanes in front of Busan-gu, Busan-do, was driven at a non-speed speed depending on the large distance outflow.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes, etc. in a way that well sees the right and the right and the right and the right and the right and the right and duty of care.

Nevertheless, the defendant neglected to drive under the influence of the above drinking and was negligent in driving at the front of the victim D(75 Do) who was waiting in the signal at the front of the signal at the front, and received the rear part of the above high-speed taxi.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as an open prize room, which requires approximately three weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of traffic accidents under DNA preparation;

1. The application of Acts and subordinate statutes to the traffic accident report (1) (2), the statement report on the situation of the driver in charge, the scene of the accident, the internal inspection report, and the medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is an unfavorable circumstance, such as the occurrence of a traffic accident due to the driving of drinking, which is not good in the nature of the crime, and the Defendant’s main working level is not weak.

However, the defendant's charges are charged.

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