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(영문) 부산지방법원 동부지원 2013.09.25 2013고단2322
도로교통법위반(음주운전)등
Text

1. Defendant shall be punished by a fine of KRW 7,000,000;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

1. Around 16:10 on July 16, 2013, the Defendant was driving a mixed-type vehicle from the front side of the “Trest Officetel” to the front side of the convenience store of the “transport-type fishing” in Busan, the Defendant was under the influence of alcohol by 0.22% in a section of about 1km to the front side of the “transport-type fishing” convenience store.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a vehicle C.

On July 16, 2013, the Defendant driven the said car on July 16, 2010, and operated the three-lane in front of the convenience store of the "Maritime Fishing" in Busan, Daegu, Busan, along with one-lane from the border line to the Olympic intersection.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as making a change of the vehicle in line with the traffic situation of the front and rear left, accurately manipulating steering devices, brakes, etc.

Nevertheless, the defendant neglected this and changed the two lanes into the two lanes as they were, and the victim D (the age of 54) was driven by the victim D (the age of 54) who was prior to the two lanes in the same direction, led to the left side part of the E Lasta car that was driven by the defendant's driving.

As a result, the Defendant suffered injury to the victim, such as chills, tensions, etc. in need of medical treatment for about three weeks due to the above occupational negligence in a state where normal driving is difficult due to the influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Selection of penalty;

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