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(영문) 대전지방법원 천안지원 2018.09.14 2018고단1252

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of B rocketing motor vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On May 2, 2018, the Defendant driven the above vehicle while under the influence of alcohol with 0.160% of alcohol level around 14:05 and 0.160% of alcohol level during blood, and led to the two-lane road in front of Northwest-gu, Seoan-gu, Seoan-gu, Seoan-gu, to proceed at an insular speed along the two-lanes of the two-lane underground road from the wing basin.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate a motor vehicle by accurately operating the steering and brake system.

Nevertheless, the Defendant neglected this and divided the face into red, light, and walk, and suffered injury, such as the climatic salt, tension, tension, etc. of the victim E (35 years old) in the front of the Defendant’s vehicle while driving the above vehicle in a situation where normal driving is difficult due to influence of drinking, such as influor and walking.

2. On May 2, 2018, the Defendant was under the influence of around 14:05, and around 0.160% of alcohol content during blood, the Defendant driven a B strawing car at the 1km section from the 1km-dong, Seoan-gu, Seoan-dong, the 5-dong, Sungdong-dong, Seoan-dong, to the front road located in the same Gu C.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A survey report on actual conditions;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing victim booms and video CDs at the scene of an accident;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), and each of the fines shall be selected.