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(영문) 수원지방법원안양지원 2020.08.14 2020고정205
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

The defendant is a person who is in charge of driving a motor vehicle B.

On November 17, 2019, at around 01:13, the Defendant was under the influence of alcohol with 0.163% of blood alcohol level 0.163%, and the Defendant turned down the five-lane road in front of the desired park distance, which is 180 as the citizen of the Gu, along the two-lane direction in the direction of viewing from the view distance.

A person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and he/she has a duty of care to prevent accidents in advance by safely examining the boom.

Nevertheless, the Defendant, by negligence while under the influence of alcohol, committed an act of driving in the state where normal driving is difficult due to the influence of alcohol, was driven by the victim C (Nam, 68 years old) who stops in the atmosphere of the mast signal, and was able to take the back part of the lasta taxi as the front part of the said vehicle, and suffered injury to the victim, due to the impact, by causing about two weeks to undergo a treatment for the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness C and E;

1. Reports on traffic accidents, and vehicle photographs;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

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

1. Relevant Article 5-11 (1) (former part) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and the selection

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 (Article 334(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 334 of the Act on the Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes is established

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