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(영문) 대전지방법원 논산지원 2017.09.22 2017고단448
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. On July 18:50 on July 7, 2017, the Defendant: (a) driven a vehicle B at a distance of about 7km from the front of a mutual influent restaurant located in the Seo-gu Pungamamb, Gwangju to the second circulation road located in the wall and vibration of Gwangju, while under the influence of alcohol level of 0.193% among blood transfusions.

2. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and engages in driving of automobiles.

The Defendant, while under the influence of around 18:50 on July 7, 2017, 2017, 0.193% alcohol concentration among the blood transfusion, proceeded with the second circular road, which is located in the wall and vibration of Gwangju Seo-gu, in the direction of Pungdong in the direction of Pungdong.

A person engaged in driving cars has a duty of care to properly operate the brakes by properly manipulating the brakes.

Nevertheless, due to the influence of alcohol, the victim C(52) who was under way due to the negligence of failure to properly operate the operation of the operation system in the situation where normal operation is difficult due to the influence of alcohol, and the part of the driver behind the D car which was driven by the defendant was shocked by the front part of the vehicle operated by the defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of alcohol, and suffered injury, such as salt ties and tensions, etc., from the victim E (V, 44 years old) who is the passenger of the damaged vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. An initial operation report at the scene of a traffic accident and a traffic accident report;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) regarding the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 148-2 (2) 2 of the Road Traffic Act.

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