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(영문) 부산지방법원 2018.04.17 2018고단380
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

The defendant is a person who is engaged in driving a third car.

On December 7, 2017, the Defendant driven the said car under the influence of alcohol level of 0.220% among blood transfusions on December 7, 2017, and led to the driving of the said car in front of the “E cafeteria” located in Busan Metropolitan Government Do, along the one-lane between the annual market and the annual intersection between the two-lanes.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering and operating the steering system and safely, such as checking whether the driver of a motor vehicle has a vehicle waiting for signal signals on the front side and maintaining the safety distance from the front.

Nevertheless, the Defendant was negligent in driving under the influence of the above drinking, and due to the negligence of the Defendant’s failure to continue driving under the influence of the above drinking, and the part behind the GMW GT car of the victim Fran that was parked in the signal atmosphere from the front direction to the signal atmosphere was followed by the front part of the driver’s first car.

Ultimately, the Defendant suffered, by negligence in the above business, the injury of the victim F, such as salt, tensions, etc. in need of approximately two weeks of treatment, and the injury of the victim H, who is the passenger of the above BMW vehicle, to approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident statement of the F;

1. The actual investigation report on traffic accidents;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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