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(영문) 부산지방법원 2020.09.16 2020고단2835
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

1. Around 22:10 on June 29, 2020, the Defendant driven D Lasta car in the state of alcohol alcohol concentration of about 500 meters from the 500-meter section from the underground parking lot of the apartment building B in Busan-gu to the road at the entrance of the same Gu C.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) is a person engaging in driving a Drocketing car.

On June 29, 2020, at around 22:10, the Defendant driven the above rocketing car with the blood alcohol concentration of 0.207% 0.207%, and the Defendant driven the road adjacent to the entrance of Busan Jin-gu C at the Jin-gu level of Jin-gu from the Jin-gu level of Jin-gu to the reduction of the speed.

At the time, vehicles in front of the defendant were stopped according to vehicle signal, so in such a case, the driver had a duty of care to safely drive the vehicle by accurately manipulating the front-way traffic situation and operating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol, and the Defendant was under the influence of driving with red and so on, and due to the negligence of driving in a state where normal driving is difficult due to the influence of alcohol such as red, and was under the influence of the victim E (Nam, 43 years old) who was under the influence of driving on the front bank of the Defendant, and was under the back part of the driver’s length of the said vehicle.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered injury, such as “vertebrate flives and conjection,” which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Reports on traffic accidents, reports on the circumstances of a drinking driver, and reports on the results of the control of drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. The driving under the influence of alcohol under Article 148-2 and (3) 1 of the Road Traffic Act and Article 44 (1) of the same Act concerning the facts constituting an offense;

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