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(영문) 수원지방법원평택지원 2020.09.11 2020고단529
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving motor vehicles B.

On February 3, 2020, the Defendant driven the said car with the blood alcohol concentration of 0.128% around 21:20, while under the influence of alcohol on February 3, 2020, and led to the driving of the said car along the four-lanes between four-lanes along the direction of the parallel.

At the time, it is an intersection where signal is installed at night, and at the front of it, there is a duty of care to reduce the speed to a person engaged in driving duties and to prevent accidents by proceeding well with other vehicles' attitudes on the signal lights and the front of the road.

Nevertheless, the Defendant neglected to drive a car in a state where normal driving is difficult due to influence of drinking, and proceeds without reducing speed, and was driven in the same direction by the injured party C(54 years old) who was driving prior to the same direction, and was found late to stop according to the stop signal, and did not avoid it, and received the behind part of the said SM7 car as the front part of the said SM7 car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of the said vehicle under the influence of alcohol with approximately 0.128% of alcohol level in the 3km section from the road near the Fmate in Pyeongtaek-si E at the time and in the place of the said accident.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and the occurrence of traffic accidents;

1. On-site photographs;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the result of the drinking driving control;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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