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(영문) 부산지방법원 2021.01.13 2020고단4252
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

Where the defendant does not pay the above fine, one day shall be 10.

Reasons

Punishment of the crime

1. On August 14, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven by B-Ma cargo vehicle while under the influence of alcohol level of 0.211% during blood transfusion on August 14, 2020, and led to two lanes in front of the “D” located in Busan Fluor C, along the intersection from the intersection to the high minute.

In such cases, there was a duty of care to properly operate the brakes by properly operating the brakes while living well in the driver of the motor vehicle.

Nevertheless, the Defendant divided into several words, and the Defendant was negligent in driving under the influence of drinking, such as a little string distance, while he was unable to drive normally due to the influence of drinking, and was found to have been a driving part after the victim E-driving, which was stopped for the signal waiting in the front direction, and received as the part of the front part of the said cargo vehicle.

Ultimately, the Defendant driven the above cargo in a situation where normal driving is difficult due to the influence of drinking, and suffered from the victim G and the victim H, who took the above cargo vehicle, for about two weeks of treatment, respectively.

2. Around 12:20 on August 14, 2020, the Defendant driven a e-math truck under the influence of alcohol level of about 7.5 km from the front of a mutually influent restaurant in the vicinity of the Nam-dong, Nam-gu, Busan to the “D” road located in the Busan-gu, Seo-gu, Busan, while under the influence of alcohol level of about 0.211%.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's statutory statement E, G, and H written diagnosis of each written diagnosis to inquire about the results of crackdown on drinking driving, on-site photographs of the accident, and to photographic images by cutting down the black stuff image;

1. Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of causing harm to the driving of danger) against the crime under the pertinent provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2(3)1 and 44 of the Road Traffic Act.

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