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(영문) 대전지방법원 천안지원 2017.01.17 2016고단2313

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who drives a cargo vehicle C1 ton with a ton, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On November 9, 2016, the Defendant driven the foregoing vehicle while under the influence of alcohol level of 0.137% among the blood transfusion around 18:40 on November 18, 2016, and led to a two-lane road in front of the E cafeteria located in Seoan-gu, Seoan-gu, Seoan City along one-lane.

The location was installed with signal lights on the front door, and there were automobiles operated in front of the Defendant, so in such a case, the driver of the vehicle has a duty of care to safely drive the front door and left well and secure a safety distance with the front vehicle in order to prevent accidents by driving the vehicle in advance.

Nevertheless, the Defendant neglected this and, even if the signal was changed to a vehicle stop signal due to driving, followed by the victim F (Woo, 28 years old), who was parked in the front of the Defendant’s front signal, and then parked in the front part of the Defendant’s driver’s vehicle at the front part of the Defendant’s drive, and caused the victim’s H (Woo, 45 years old), who was parked in the front line due to the shock, to repeat the rear part of the vehicle at the victim’s Ha (Woo), which was parked in the front line due to the shock, with the rear part of the vehicle at the victim’s Ha (Woo, 45 years old) driving.

Ultimately, the Defendant driven the said vehicle in a state where it is difficult to drive the vehicle normally due to influence of drinking, and suffered from the injury to the said F and the said H, such as salt, tensions, etc. in need of approximately two weeks of treatment.

2. On November 18, 2016, the Defendant was under the influence of alcohol level of 0.137% during blood transfusion around 18:40 on November 9, 2016, the Defendant driving a c1 ton and high-speed cargo vehicle from the 3km section of approximately 3km to the E-cafeteria located in the same Gu from the Sung-gu Seongbuk-gu Sung-dong Sung-dong Seongbuk Gabro Gabro Gaba to the same Gu.

Summary of Evidence

1. The defendant's statement in court;