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(영문) 대전지방법원 논산지원 2018.07.10 2018고단107

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a rash car B.

On February 17, 2018, the Defendant driven the said car under the influence of alcohol content of 0.132% during blood transfusions on February 17, 2018, and continued the front of the bank that was 154 new in the 154th calendar month during the clsan City, to the direction of the direction of the king.

A person engaged in driving of a motor vehicle has a duty of care to accurately operate the steering system, steering system, etc. of the motor vehicle, and to safely drive the motor vehicle according to its structure and performance.

Nevertheless, the suspect neglected this and neglected to drive normally under the influence of drinking, and led the victim C(31) who was under the influence of the signal at the bend to the right side of the said rash, which led to the impact on the left side of the said rash on the front side of the rash.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C, such as salt, tensions, etc., in need of approximately two weeks of treatment on the part of the victim E (32) who was aboard the damaged patrol vehicle, and suffered injury to the victim E (32 years of age) by rash, tensions, etc. requiring approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an accident scene photograph;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of a medical certificate);

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.