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(영문) 수원지방법원 평택지원 2020.05.22 2020고정71

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 24, 2019, at around 23:07, the Defendant, while under the influence of alcohol level of 0.170% on the roads front of the Criju station located in Pyeongtaek-si B, driven a Dpd motor vehicle with a blood alcohol level of 0.170%, led to the two-lanes of the two-lane road from the West-dong side to the parallel from the West-dong side.

At this point, there was an intersection where signal apparatus was installed in the front door, so the driver of the vehicle had a duty of care to operate the steering gear and brakes properly by properly operating the steering gear and brakes while well living in the operation of another vehicle according to the signals of signal apparatus.

Nevertheless, as the Defendant was unable to properly operate the steering system and operating the steering system under the influence of alcohol to the extent that the blood color is red, the walking condition is clear, and the horses are drunk, the Defendant was disabled by the victim E(32 years old and under the influence of driving) who was waiting in the same direction as the Defendant.

As a result, the Defendant driving the said free car in a state where normal driving is difficult due to influence of drinking, suffered injury to the victim E, such as spine ebrate, etc. which requires a two-day medical treatment, and at the same time suffered injury to the victim FF (33 years old, female) who is the passenger of the damaged vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report on the actual condition of a traffic accident and report on the occurrence of a traffic accident;

1. An accident site photograph;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the result of crackdown on drinking driving;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Code of the Standing Committee on the Aggravated Punishment, etc. of Specific Crimes (the crimes against bodily injury resulting from dangerous driving).