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(영문) 부산지방법원 동부지원 2019.08.14 2019고단708
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a vehicle BM3 in accordance with the Act on Special Cases concerning the Settlement of Traffic Accidents.

On April 15, 2019, the Defendant driven the said car under the influence of alcohol of 0.186% of blood alcohol concentration on 04:15, while driving the said car, and driving the six-lane road of D in front of Busan Suwon-gu C along the two-lanes at the speed of about 50km from the intersection to the luminous intersection.

At night, and in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by accurately operating and safely driving the steering direction and brakes thoroughly while driving the motor vehicle in front time.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting occupational attention and was negligent in proceeding along with the Defendant’s vehicle driving direction at the front side of the Defendant’s vehicle, and received the rear part of the Victim E (Age 54) driver’s freight vehicle in front of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the above victim E, such as climatic salt, which requires approximately two weeks of medical treatment, and injury to the victim G (the age of 51) who was on board the above cargo tank for about two weeks of medical treatment.

2. Violation of the Road Traffic Act (MM3 vehicle) was driven by the Defendant in the state of alcohol of about 0.186% of the blood alcohol concentration on the 4km section from the first road located in the Nam-gu Busan Metropolitan City He to the D road located in the Suwon-gu, Busan Metropolitan City (M3 vehicle under the influence of alcohol concentration of about 0.186%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of each traffic accident;

1. Application of traffic accident reports, inspection reports on the results of the control of drinking driving, reporting on the state of drinking drivers, investigation reports (report on the state of drinking drivers), each diagnosis report, and CD video-related Acts and subordinate statutes;

1. Article 3 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts;

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