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(영문) 대전지방법원 천안지원 2017.03.17 2016고단2702

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of eight million won.

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 rash car B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On December 11, 2016, the Defendant driven the above vehicle while under the influence of alcohol level of 0.139% among the blood transfusion 19:25 on December 11, 2016, and proceeded with the two-lanes of the “D” in the south-gu Seoul Metropolitan City, Southern-gu, as the two-lanes of the four-lane road in the south-gu, Chungcheongnam-do.

In such cases, a person engaged in driving duties of a motor vehicle has a duty of care to prevent accidents by safely driving a motor vehicle, such as taking the right and the right and the right and the right and the right and the right and the right and the right and duty of operation.

Nevertheless, under the influence of alcohol, the Defendant was at the front part of the Defendant’s driver’s vehicle of the victim E (Woo, 58 years old) who was parked in the front signal signal in front of the Defendant, due to the negligence of neglecting it, and was at the front part of the Defendant’s driver’s vehicle.

Ultimately, the Defendant driven the said vehicle in a state where it is difficult to drive the vehicle normally due to the influence of drinking, and suffered injury to the said victim and the said victim G (the age of 86) who was on board the said vehicle, such as salt dynasium, tension, etc. requiring approximately two weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a rash vehicle at approximately 3km section from the front of the B-dong B-dong apartment site in Seoan-gu, Seoan-gu to the front road of the "D" located in Nam-gu, Nam-gu, Nam-gu, Chungcheongnam-do, in the state of alcohol concentration of 0.139% among the blood transfusions at the time specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. The actual survey report and each photograph;

1. Notification of the results of regulating the driving of alcohol and application of Acts and subordinate statutes of the report on the circumstances of drivers;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 of the Road Traffic Act.