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(영문) 대전지방법원홍성지원 2020.11.11 2020고단687

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a horse set car B.

On April 24, 2020, the Defendant, while under the influence of alcohol 0.112% of blood alcohol level around 22:15, 2020, 21 national highways No. 21, located on the 390-lane 390, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, with a speed of about 100 km from the 1st parallel to the 1st parallel, was changed to the 2nd parallel.

At the time, the vehicle was in night, and the vehicle was driven by high speed, so in this case, the driver of the vehicle is prohibited from driving the vehicle while it is difficult to drive the vehicle normally due to influence of drinking, and there was a duty of care to check the safety of the course and to prevent the accident in advance by changing the lane.

Nevertheless, the Defendant was negligent in driving in a state where normal driving is difficult due to negligence while under the influence of alcohol, and received the back part of the D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, resulting in the injury of the victim E (Woo, 19 years old), and the victim F (Woo, 19 years old), each of which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual condition of traffic accidents;

1. Notification of the control of drinking driving;

1. Report on the actual status of the drinking driver, and the report on the actual status of the drinking driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of running a sound driving);

1. The Commercial Concurrent Crimes Act.