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(영문) 수원지방법원 2020.11.13 2020고단3338

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. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is engaged in driving of B

Around 05:40 on April 18, 2020, the Defendant driven the above vehicle, which led C to the direct exhaustion of the surrounding road from the gold-transfer room to the Incheon bank.

In this case, the driver's duty of care to safely drive the motor vehicle by complying with the central line is the road where the center line of yellow solid lines is installed.

Nevertheless, the Defendant neglected to drive normally under the influence of alcohol such as blood alcohol level 0.113% while under the influence of alcohol, and neglected to drive normally due to the influence of alcohol, and neglected to do so, due to the negligence that led to the center line, and led by the victim D (ma, 62 years old) who was waiting to turn to the left at the opposite lane, the front part of the Esp vehicle in the front part of the Defendant driving.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. On April 18, 2020, the Defendant was driving a motor vehicle with the highest alcohol level of 0.113% under the influence of alcohol in an under the influence of alcohol, from the Defendant’s residence to the place indicated in the preceding paragraph, to the building F in Osan City, and from the Defendant’s residence in G, to the place indicated in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident inspection report, field map of traffic accident, circumstantial statement of a driving driver, notification of the results of the drinking driving control, and output;

1. A medical certificate;

1. Application of Acts and subordinate statutes to an accident site photograph, booms image and photograph (Evidence records not exceeding 39 pages);

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020).