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(영문) 부산지방법원 동부지원 2015.06.29 2015고정217
특정범죄가중처벌등에관한법률위반(위험운전치사상)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. Around 22:10 on November 21, 2014, the Defendant violated the Road Traffic Act (driving a sound driving) driven B lebbbbage with a blood alcohol concentration of 0.235%, up to approximately 800 meters prior to an elementary school located in the same Eup/Myeon/Eup/Myeon, in front of an original house restaurant located in the Busan military captain/Eup/Myeon, on the road located in the same Eup/Myeon/Eup/Myeon.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) led the Defendant to drive the said vehicle under the influence of alcohol, such as smelling at the above time and walking with the snow fright and walking with the shocking, and drive the said vehicle along the two-lane road in front of the entrance elementary school along the two-lanes of the front side of the entrance from the market room of the entrance to the front side of the entrance.

Although a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering wheel and brakes well, the defendant was negligent in neglecting such duty of care under the influence of alcohol, and the defendant received the following panions of the victim C(39 years old) driver vehicles in the front of the motor vehicle operated by the defendant.

As a result, the Defendant driven the said leisure car in a state where it is difficult to drive the car normally due to the influence of alcohol, and caused the said victim and the victim E(36 years old)G (8 years old) who was on the said leisure car to suffer injury, such as salt, tension, etc. in each of the two weeks of medical treatment.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement prepared by C on the occurrence of a traffic accident;

1. Each entry into the traffic accident report prepared by police, the report on detection of the driver from the driver, and the report on the status of the driver from the driver;

1. Each description of a copy of each medical certificate with respect to C, E, F, and G prepared by a doctor H;

1. Application of each video statute of images of a vehicle involved in an accident (Evidence No. 43, 44 pages of evidence);

1. The first point in the ruling on the relevant legal provision concerning the crime: Article 148-2 (2) of the Road Traffic Act;

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