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(영문) 대구지방법원 2020.05.21 2020고단924

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by a fine of KRW 10 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area B.

On January 14, 2020, the Defendant driven the said car under the influence of alcohol level of 0.197% on blood alcohol level around 21:15, while driving the said car, and led the said car to drive the road one-lane prior to the Incheon Metropolitan City of Gyeonggi-do at the non-speed speed from the surface of the Dungcheon Civil Athletics.

At the time, it was a road with frequent traffic of automobiles at night, and in such a case, there was a duty of care to prevent accidents in advance by driving safely by checking the front, rear, and left and right of the vehicle driver.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and did not look well at the rear, was placed in the front section of the FK5 car driving by the victim E(20 years of age) who was driven at the rear bank, and was driven by the victim E(20 years of age) as the rear part of the car in the given Swiss area.

As a result, the Defendant, under the influence of alcohol, sustained an injury to the victim E, such as scopical salt, tensions, etc. in need of a two-day medical treatment due to the foregoing occupational negligence, and suffered an injury to the victim G (20 years of age) who passed the said K5 vehicle with light salt, etc. requiring approximately three-day medical treatment. On the same date, at the above time, the Defendant driven the said scopic car under the influence of alcohol concentration 0.197% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation report on the actual condition, report on the control results of drinking driving, and report on the actual state of drinking drivers;

1. Each written diagnosis;

1. Application of statutes on site photographs;

1. Article 5-11 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 choice of fines for the crime;

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

1. Selection of penalty;