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(영문) 창원지방법원 마산지원 2017.10.10 2017고단642

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

1. On May 27, 2017, the Defendant: (a) driven a DNA cargo vehicle under the influence of alcohol concentration of 0.226% from the 3km section from the 3km road in the Chang-si, Chang-si, Chang-si, Chang-si to the front of the Cental in the same Gu to the roads in front of the Cental in the same Gu.

2. The Defendant is a person who is engaged in driving a DNA cargo vehicle, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On May 27, 2017, the Defendant driven the above cargo while under the influence of alcohol of 0.226% in blood, as described in paragraph (1) around 22:40 on May 27, 2017, and led C D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D

At night, in such a case, there was a duty of care to ensure the view by turning the headlight on a person engaged in driving of a motor vehicle, and to properly manipulate the steering gear and brakes to prevent the accident.

Nevertheless, the Defendant neglected this and did not turn on headlights while under the influence of alcohol and was at the risk of breaking the center separation zone in the direction of two lanes rapidly by negligence, and was at the right side of the victim E (33 tax) who operated a registered Oralone in the front side of a two-lane while changing the vehicle in the direction of two lanes, the Defendant received the right side of the victim E (33 tax) from the left side of the said cargo.

As a result, the Defendant was at risk driving in a state where normal driving is difficult due to the influence of drinking, and the Defendant suffered side wound after completing the right completion for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. A report on the detection of the driver at home, a report on the circumstances of the driver at home, and an investigation report (a report on the circumstances of the driver at home).