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(영문) 부산지방법원 동부지원 2016.07.11 2016고단658
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person driving a vehicle with B U. S. S. Cubus.

On April 14, 2016, the Defendant driven the said car under the influence of alcohol level of 0.153% among blood transfusions on April 14, 2016, and driven the road of five-lanes in front of Busan Southern-gu C Officetel at the intersection of the gate from the front side of the gate to the intersection of the gate.

At the time, the Defendant, under the influence of alcohol, was in a state of difficulty in normal driving, such as red and influence.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to take full view of the right and the right and the right of the motor vehicle properly and to prevent accidents such as safe driving of the motor vehicle in advance.

Nevertheless, the defendant was driven by the victim D (60) who was driven by the victim D due to the negligence that he was unable to properly operate the steering gear and the steering gear under the influence of alcohol as above, and was driven by the defendant as the front part of the above U. S. car.

Accordingly, the Defendant driving the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and caused the said victim to suffer the injury of the base and tension in light of the trend requiring approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement on the occurrence of D traffic accidents;

1. A traffic accident report (1) and (2) a actual survey report;

1. An accident scene photograph;

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement of the circumstances of the driver involved in driving;

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

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

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.

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