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(영문) 부산지방법원 동부지원 2017.01.18 2016고단2411
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A fine of three million won shall be imposed on a defendant.

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

Reasons

Punishment of the crime

1. On August 13, 2016, the Defendant driven a motor vehicle with C low alcohol content of about 0.205% while under the influence of alcohol at a section of about 500 meters from the Defendant’s house located in Busan-gun B to the central intersection located in the same Eup.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) drive the said vehicle at the same time, at the same place, as above, while under the influence of alcohol, it is difficult to drive the vehicle normally and in such a state as the state of speech and behavior is divided, in a narrow distance and walking, and led the said vehicle to proceed along one lane with the central intersection in the plane captain-gun Eup at the seat of the plane captain from the

The Defendant, by negligence, caused the operation of the steering direction and the brake system of the foregoing vehicle to be driven on the right side of the Defendant’s moving direction by failing to well look at the traffic situation around the drunk, and caused the victim FF (5 years old) of the victim D(43 years old) who was driven on the right side of the Defendant’s car to suffer injury to the victim of the victim D and the above BMW vehicle, by taking up the parts on the right side of the Defendant’s car, and having the victim FF (49 years old), who was in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a traffic accident site investigation report, traffic accident report, photographic data, the statement of the situation of the driver in charge, investigation report (Attachment to a medical certificate and estimate), investigation report (the details of hospital medical treatment and the details of issuance of a medical certificate, etc.);

1. Article 148-2 (2) 1, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Articles 70 and 69 of the Criminal Act to attract a workhouse.

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