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(영문) 대전지방법원 천안지원 2019.11.28 2019고단2483

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On August 31, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a car at a speed that would not see three-lanes in the direction of the welfare center distance in the direction of the two stations in front of the two stations, while under the influence of alcohol level of 0.103% in two straight stations in the West-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seoul.

Since there are a lot of vehicles stopped, in such a case, there was a duty of care to safely operate the brakes by properly manipulating the brakes while living well on a person engaged in driving a motor vehicle.

Nevertheless, the Defendant, while neglecting this, did not breath the front part of the vehicle at the end of the vehicle at the end of the day, she was faced with the rear part of the D Lasta car driven by the victim C (Nam, 63 years old) who was under a stop on three-lane due to negligence.

As a result, the Defendant driven the horses in such a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as the trend of the need for medical treatment for about two weeks, the pelvis, and the tension and tension of the part of the unknown details.

2. Around 06:42 on August 31, 2019, the Defendant driven a horse-type car with a blood alcohol concentration of about 0.103% from the section of approximately 1.6km from the 06:6km to the two west-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, Seocheon-gu, to the two west-gu, Seoan-gu, Seoan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report (1);

1. Requests for appraisal;

1. A medical certificate (C);

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and the respective fines;