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(영문) 청주지방법원 2021.02.16 2020고정776

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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. The Defendant is a person who is engaged in driving a vehicle B at the end of the specific crime, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On August 8, 2020, the Defendant driven a four-lane road in the direction of alcohol concentration of 0.175% in blood with a four-lane road in the direction of Heung-gu Seoul Metropolitan City, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, the Defendant driven the said vehicle in the direction of alcohol concentration of 0.175% in blood and continued the vehicle into a new service distance from the D market room.

At the time, since the Firsom car driven by the victim E was stopped for the signal atmosphere, there was a duty of care for the driver of the vehicle to look at the front side and the left side well and safely.

Nevertheless, the Defendant neglected to do so while under the influence of alcohol and proceeded with the front part of the Defendant’s driving car, which was the front part of the Defendant’s driving car.

As a result, the Defendant suffered injury, such as salt, tension, etc., of the chills that require approximately two weeks of medical treatment by occupational negligence while driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking.

2. Around August 8, 2020, the Defendant violated the Road Traffic Act (drinking) driven a B-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si

Summary of Evidence

1. A statement and a medical certificate prepared by the defendant in his/her legal statement E;

1. Application of the detailed report on the situation of a driver in charge of drinking, a survey report on the actual condition of regulations on drinking driving, and statutes governing field photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 (1) (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

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. The Criminal Act to attract a workhouse;