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(영문) 대전지방법원 천안지원 2017.09.08 2017고단1413

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a MF6 car.

1. Around 02:25 on June 3, 2017, the Defendant driven the said vehicle under the influence of alcohol by 0.149% in the section of about 500 meters from the front of an Eup/Myeon office located in the same Eup/Myeon-ro 22-10, an Eup/Myeon-ro, an Eup/Myeon-ro, an Eup/Myeon-ro, an Eup/Myeon-ro, an Eup/Myeon-ro, an Eup/Myeon-ro, to the front road of an Eup/Myeon-ro in the same Eup/Myeon-ro.

2. On June 3, 2017, the Defendant: (a) driven the said vehicle while under the influence of alcohol, as indicated in paragraph (1) around 02:25, along with the direction of the port office of an Eup/Myeon as indicated in paragraph (1), led the Defendant to proceed along the intersection of the said road along the direction of the port station at the intersection of the intersection.

At the time, there is an intersection where a yellow on-and-off signal, etc. is installed at night and there is an intersection, so in such a case, there was a duty of care to prevent accidents in advance by checking well the right and the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and was negligent, and the part of the victim C(Woo, 35 years old) who entered the above intersection prior to the Defendant’s driving direction was placed in front of the above vehicle by the Defendant’s front part of the victim C(W3 years old).

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury such as dump dump, tension, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual survey report and each photograph;

1. Notice of the results of crackdown on the driving of drinking, inquiry of the results of crackdown on the driving of drinking, and statement of the situation of the driver of drinking;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.