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(영문) 대전지방법원 천안지원 2018.07.06 2018고단483

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a hurd motor vehicle B.

On February 3, 2018, the Defendant driven the said car under the influence of alcohol content of 0.199% in blood around 02:40, while driving on the said car, and driving the road in front of the Northern-gu, Seoan-gu, Seocheon-gu, Yancheon-si along one lane from the edge of the Yancheon-gu.

At the time, it was difficult at night, and there was an intersection where signal lights are installed in the front door, so in such a case, there was a duty of care to see the front door and accurately manipulate the brake system to prevent accidents in advance.

Nevertheless, the Defendant neglected this and caused the injury to the victim D and the victim F (22) who is the above taxi passengers by taking part of the back part of the victim D(58) rocketing taxi driver car, which was stopped for signaling in the front by negligence without properly operating the brake system in the situation where it is difficult to drive the brakes properly due to influence of drinking, and caused the injury to the victim D and the victim F (22 years), who is the above taxi passengers, by taking the back part of the back part of the above Aststrop vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of victims of D or F;

1. A traffic accident report;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Each written diagnosis of victims;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes 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 concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

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. The order of provisional payment;