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(영문) 대전지방법원 홍성지원 2020.01.21 2019고정129

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The sentence against the accused shall be seven million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On August 27, 2018, the Defendant: (a) started from around 08:30 on August 27, 2018, around 08:147% alcohol concentration at around 0.147% around 0.147% around 150 meters around the road near D in the same city, and driven the EKachep vehicle at a section of about 150 meters around the same city.

2. The defendant is engaged in the business of driving Eknife cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury).

On August 27, 2018, the Defendant driven a 0.147% alcohol level with drinking alcohol level around 08:30 on August 27, 2018, and proceeded at a speed of about 20 to 30km/h, depending on one lane, toward the two-lane road near D located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has the duty of care to prevent accidents in advance by accurately manipulating the steering direction, brakes, etc. in a prior manner.

Nevertheless, the defendant neglected to do so while under the influence of alcohol and neglected to do so.

The victim G (51 years old, South) driven by the victim G (51 years old, South) was found to be late behind and stopped, but the part behind the damaged vehicle was concealed into the front part of the Defendant’s vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as light dump, tension, etc. for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of traffic accidents, notification on the results of drinking driving control, and report on internal investigation (victim G telephone communications);

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

1. Article 148-2(2)2 and Article 44 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) regarding the relevant criminal facts and the choice of punishment.