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(영문) 대전지방법원 천안지원 2016.12.27 2016고단1882
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle B with a certain amount of automobiles.

On August 10, 2016, the Defendant driven the above vehicle while under the influence of alcohol 0.120% of the blood alcohol concentration on 04:25, and proceeded to turn to the left from the right edge of the gallonian department, Seoan-gu, Seoan-si, Seoan-si, Seoan-si, Seoan-si, Seoan-si, the gallonian department store to the right edge of the original road.

At this point, there is a duty of care to prevent accidents in advance by driving a motor vehicle safely by temporarily stopping the motor vehicle immediately before the intersection in the case of the motor vehicle driver, and driving the motor vehicle with the duty of care to prevent accidents by driving the motor vehicle safely.

Nevertheless, the defendant's negligence in violation of on-and-off signal of a red light led the victim C (55 years old) who passed from the right side of the defendant to the left side of the driver's vehicle operated by the victim C(55 years old) to the front part of the driver's vehicle above.

Ultimately, the Defendant driven a car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in a state of light that requires treatment for about two weeks.

2. Around 04:25 on August 10, 2016, the Defendant was under the influence of alcohol with a blood alcohol content of 0.120%, the Defendant driving a B-Adi vehicle from the 10km section at approximately 10km to the galsian department store distance in the same Gu and Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. A medical certificate;

1. A traffic accident report (1) actual survey report;

1. A report on detection of a host driver;

1. The user ledger of the measuring instruments for drinking;

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

1. Relevant provisions concerning facts constituting an offense;

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