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(영문) 대구지방법원 2016.12.08 2016고단4741

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 a K5-car.

On August 29, 2016, the Defendant driven the said car while under the influence of alcohol 0.214% of alcohol level around 21:20 on August 29, 2016, and led to the U-Namnam University to drive the said car at the 0.214% of his blood alcohol level.

Since the automobile signal, etc. has been red signal, in such a case, the driver of the vehicle has a duty of care to prevent accidents in advance and safely drive the brake system by operating it accurately in order to make it possible for the driver of the vehicle to live well with the signal and prevent the collision with other vehicles stopping on the front side.

Nevertheless, due to negligence and progress of the defendant's vehicle by neglecting it, the latter part of the victim C (23 years old) driving car in front of the defendant's passenger vehicle was placed in front of the defendant's vehicle, and the defendant's vehicle in front of the defendant's vehicle. The above low-speed car is being pushed forward in the future, and the victim E (50 years old) driving car in front of the signal, the victim E (50 years old) driving car in front of the signal, and the latter part of the victim G (24 years old) driving car in front of the signal was carried out by the defendant, and the victim G (24 years old) driving car in front of the signal.

Ultimately, the Defendant driving the said car in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim C, such as light fluoral salt, which requires a two-day medical treatment for the victim E and the victim I (the victim E and the victim I (the 47 years old), respectively, for about two weeks, and suffered injury to the victim G, such as light fluoral salt, tension, etc. in need of a three-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. The application of Acts and subordinate statutes, such as a report on the results of the drinking driving control, a report on actual condition survey, and a written diagnosis;

1. Relevant Articles 148-2 (2) 1 and 44 of the Road Traffic Act concerning the facts constituting the crime;