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(영문) 부산지방법원 동부지원 2019.09.04 2019고단826
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 (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving QM6 automobiles.

On April 6, 2019, the Defendant driven the said car under the influence of alcohol 0.11% on blood alcohol level around 01:25, while driving the said car, and driving the three-lane road in front of the Busan Shipping Daegu C building into two-lanes, depending on the two-lanes, and driving the three-lane road on the side of the D department store to E at an indefinite speed from the D department store to the E, while driving the vehicle in excess of the central separation zone.

As above, the Defendant neglected to drive a motor vehicle in a state of difficulty due to driving under the influence of alcohol and was negligent in driving beyond the median zone beyond the central separation zone, and discovered the said road at the direction of the victim F (Age 63) driving GNsi E Q900, which was going straight along the three-lanes to D department stores, and received the victim’s front portion of the motor vehicle in front of the Defendant’s motor vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the said victim, such as dump dump, etc., which requires treatment for approximately two weeks.

2. A person who violated the Road Traffic Act (driving) driving a vehicle in QM6, while under the influence of alcohol of about 1km from the 1km section to the front road of the building in Busan Shipping Daegu, the Defendant was driving a vehicle in QM6, even though he was under the influence of alcohol of about 0.11% from the 1km section to the road in front of the building in Busan Shipping Daegu C.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to each investigation report (main driver report on the circumstances/accident site and vehicle photograph/ film confirmation);

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime and the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018).

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