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(영문) 대전지방법원 2019.02.21 2018고단3604

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is also a person who is engaged in driving a sports car even.

On September 13, 2018, the Defendant, while under the influence of alcohol at 0.246% of blood alcohol concentration on September 15, 2018, was driving the said car, and entered the road next to the D Bank located in Daejeon-gu Daejeon-gu, into the speed of about 20 kilometers per hour at a four-lane road in front of the D Bank.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side, reduce the speed, and safely enter the road of four-lanes.

Nevertheless, under the influence of alcohol, the Defendant neglected to perform his/her duty in front of the week and did not reduce speed, and due to the negligence of proceeding, the Defendant was placed on the three-lane road of the above 4-lane road with a stop signal, and then the Defendant was placed on the right part of the Flearning car of the victim E(the age of 44) to the right part of the driver in front of the car of the Defendant.

As a result, the Defendant suffered injury to the victim who driven a sports car in the state where normal driving is difficult due to influence of drinking, by negligence, such as the items that require approximately two weeks of medical treatment, and the pipe and tension of the unknown parts.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on the occurrence of a traffic accident, report on the circumstances of a driving driver, and inquiry into the results of the control of drinking and driving;

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

1. Relevant Article of the Act on Special Cases Concerning the Aggravated Punishment, etc. of Specific Crimes (wholly amended by Act No. 15981, Dec. 18, 2018); Articles 148-2(2)1 and 44(1) of the Road Traffic Act; selection of fines, etc.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is high, but it is high to drinking alcohol.