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(영문) 대전지방법원 서산지원 2020.02.13 2019고단539

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B franchise;

On April 19, 2019, at around 0:00, the Defendant driven the above vehicle on the road near the Seosan-si 10-ro 4 ting-ro in the condition that it is difficult to drive normally due to the alcohol level of 0.182% of blood alcohol level, and led to a two-lane between the two-lane roads in the direction of D in the direction of D school from the c apartment bank.

In this case, a person engaged in driving of a motor vehicle shall not drive a motor vehicle while under the influence of alcohol, and there was a duty of care to prevent accidents by accurately manipulating the steering direction and brake system after living well before and after the driving of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and led the Defendant to shock the part of the Defendant’s vehicle back to the front part of the Defendant’s vehicle, following the Defendant’s Fstunama car in front of the Defendant’s vehicle, while waiting in front of the signal.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to occupational negligence as above.

2. Around 20:00 on April 19, 2019, the Defendant, while under the influence of alcohol at a 0.182% of the blood alcohol concentration, driven a Bho-do car at the section of approximately 1.5 km from the front of a cafeteria near the lake and marsh located in Seosan City to the road near the 4 mix Han-si, Seosan-si, 10km-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. Report on the occurrence of a traffic accident;

1. A manual for measuring drinking alcohol;

1. Notification of the result of the drinking driving control;

1. The circumstantial statement of the employee;

1. Medical certificates (E);

1. Application of Acts and subordinate statutes on traffic accident-related photographs;

1. Relevant Article of the Criminal Act and the aggravated punishment, etc. of specific crimes selected.