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(영문) 대전지방법원 천안지원 2017.10.13 2017고단1544

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. The Defendant is a person who is engaged in driving a motor vehicle B as a driver of the motor vehicle B Muschi.

On April 22, 2017, the Defendant driven the said vehicle while under the influence of alcohol level of 0.183% from the surface of the Asan-si to the right side of the D in front of Asan-si C at Asan-si on April 14:08, the Defendant driven the said vehicle while under the influence of alcohol level of 0.183% from the surface of the Asan-si.

In the opposite direction of the defendant's moving direction at the time, the victim E(49) driver's Fasan passenger bus was in progress, so in such a case, the driver of the vehicle has a duty of care to thoroughly drive the vehicle in front and safely drive the vehicle in order to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant received the front part of the bus driven by the above victim E in front of the bus driven by negligence going beyond the center line as Defendant’s driver under the influence of alcohol.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim E, such as light dynasium in need of a two-day medical treatment, injury to the bus passenger G, such as light dynasium in need of a two-day medical treatment, injury to the bus passenger victim H, such as light dynasium in need of a two-day medical treatment, and injury to the bus passenger victim I, such as light dynasium in need of a three-day medical treatment.

2. On the date and time set forth in paragraph 1, the Defendant driven Category B car under the influence of alcohol concentration of approximately 0.183% from the 10km section to the place set forth in paragraph 1, from the 10km to the 10km road near the original city of Asan-si (ju).

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual survey report and photographs;

1. A report on the detection of a primary driver and a circumstantial statement;