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(영문) 부산지방법원 동부지원 2019.03.20 2019고단4
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving motor vehicles B high-

On October 22, 2018, the Defendant driven the said vehicle under the influence of alcohol with 0.192% of the blood alcohol concentration on October 16, 2011, and led the Defendant to drive the said vehicle on the way to the way from the direction of the c hotel in front of the Seogpo City in Seogpo City to the way to the way to the way to the way to the way to which the cream is running.

There is no signal light, and street trees are growing on the road, so in such a case, a person engaged in driving a motor vehicle has a duty of care to see the road and to prevent accidents in advance by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant, while neglecting the influence of alcohol, was negligent in driving the car in front of the car of the Defendant, and received roadside trees that were deep on the right side of the direction of the Defendant’s driving.

As a result, the Defendant, while driving the said car in a situation where normal driving is difficult due to the influence of drinking, suffered injury to the victim D (L, 39 years of age) who was on board the Defendant’s car due to the Defendant’s driver’s vehicle, such as the mouth of internal reproduction, closure, etc. requiring approximately six weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving a vehicle under the influence of alcohol with a blood alcohol concentration of about 0.192% from the 1km section from the cafeteria to the 1km area of the accident site at the time and time specified in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the occurrence of a traffic accident;

1. Report on circumstantial statements of a drinking driver, and notification of the results of the regulation of drinking driving;

1. The actual condition survey report;

1. An accident site photograph;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) concerning criminal facts, and the Road Traffic Act.

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