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(영문) 대전지방법원 천안지원 2020.01.16 2019고단2629

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

1. On September 7, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a CNAS car in the direction of the two stations in the direction of the two stations, while under the influence of alcohol by 0.209% of blood alcohol concentration, around September 7, 2019.

At the time, it is a new wall and a six-lane road from which traffic of vehicles is frequent. In such a case, there was a duty of care to ensure the safety distance of the front line and to operate the front line by properly operating the brakes.

Nevertheless, under the influence of alcohol, the Defendant, who was negligent in operating the operation of the operation of the operation system, caused the following part of the E 3 car driven by the victim D (ma, 28 years old) who was under the influence of alcohol, to be the front part of the vehicle of the Defendant.

Ultimately, the Defendant driven a car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as light dump, which requires treatment for about two weeks, to the victim.

2. Around 06:41 September 7, 2019, the Defendant driven a CNAS car at a section of about 2 km from the front side of the west-gu, Seoan-gu, Seoan-gu, Seocheon-si to the front side of the “G” located in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, with a blood alcohol concentration of 0.209%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of D traffic accidents;

1. A traffic accident report;

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

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

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) 1 and 44 (1) of the Road Traffic Act, and the selection

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