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(영문) 청주지방법원 2019.03.05 2018고단2803
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 4,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On October 20, 2018, the Defendant was under the influence of around 17:40, and around 0.141% of blood alcohol concentration, and the Defendant was under the influence of alcohol, and the Defendant driven a two-lane road near the D Association located in the Cheongju-gu, Cheongju-si, Cheongju-si, and proceeded along two-lanes along the high distance distance from the northwest.

At the time, there were other vehicles passing along the above road, and there was a traffic well, so the Defendant, who was engaged in driving service, had a duty of care to properly operate the steering and steering system and to proceed with it in a safe way.

Nevertheless, the Defendant neglected this and received the back portion of the victim E(56) driving car, which was in the same direction as the Defendant’s front section, due to the negligence that the Defendant was under the influence of alcohol and did not set the front section at the time, and was in the front section of the said B Tbluri car.

The Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral rheat, in which there is no one in the two open for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the occurrence of a traffic accident, a report on actual condition, a report on the results of the control of drinking driving, a report on the situation of a drinking driver, and an investigation report (report on the circumstances of a drinking driver);

1. Application of Acts and subordinate statutes to accident scene, vehicle photographs, and diagnostic certificates;

1. Relevant Article of the Act on the Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (wholly amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act; and each fine (the first crime and the point agreed with the victim, etc.);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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