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(영문) 부산지방법원 동부지원 2019.01.24 2018고단2070
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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 (Death or Injury caused by Dangerous Driving) is a person engaged in driving a passenger car in B B.

On August 15, 2018, at around 01:00, the Defendant driven the above vehicle in a state that it is difficult to normally operate with 0.165% alcohol level while under the influence of alcohol at around 01:0, and led the two-lanes of the three-lanes in front of the Busan District captain C in the direction of the inside of the restaurant.

At the time, the passage of the front time was at night, and there was a tri-distance intersection where signal lights are installed, so in such cases, a person engaged in driving of a motor vehicle is not able to accurately operate the steering gear, brakes, etc. of the motor vehicle, drive the motor vehicle in such a way as to interfere with others according to the road traffic situation and the structure and performance of the motor vehicle, and there was a duty of care to properly report the traffic situation of the front time and to prevent the accident from occurring due to smoke.

Nevertheless, the Defendant neglected this and found the Fpoter car of the victim E (age 36) driving in front of the direction of the Defendant’s running of the vehicle in front of the direction of the Defendant’s driving when he was under the influence of alcohol. However, even if he was under the influence of the Defendant’s driving, the Defendant did not avoid being at a rapid speed, but did not change the distance. The part of the Defendant’s front-hand part of the damaged vehicle was shocked.

Ultimately, the Defendant driven in a state where normal driving is difficult as seen above, and caused the victim to suffer bodily injury, such as the trend of light and the fluoral salt, which requires approximately five weeks of medical treatment due to occupational negligence in violation of the duty of Jeonju.

2. The Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.165% as stated in paragraph (1) of the Road Traffic Act, was driving the said car at a section of about 1k meters from the front of a restaurant “H” in Busan-gun G, to the front of the entrance of C at the entrance.

Summary of Evidence

1. Defendant's legal statement;

1. E;

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