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(영문) 청주지방법원 2019.03.20 2019고단136
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

1. On December 9, 2018, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (hereinafter referred to as the “Aggravated Punishment, etc.”) driven B Cost Star Sheet in the condition that it is difficult to drive normally due to the influence of alcohol concentration of blood 0.124%, and proceeded to the franchisp road adjacent to C in the direction of Taesan.

At the time, the above road was at night and it was divided into the median line, and thus, the defendant 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, under the influence of alcohol, proceeded with the steering direction without properly operating the steering steering gear, without properly operating the steering steering gear. However, the Defendant, while driving ahead of the median line, she cut off the opposite direction into a road or a dry field outside the road.

The Defendant, by such occupational negligence, suffered injury to the victim D (D, Chinese nationality, and age 28) who was a partner of the said van, such as cutting down and closing down the floor of the large-scale sloping which requires approximately 14 weeks medical treatment.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant, while under the influence of alcohol, at a level of 0.124%, of blood alcohol concentration from the roads near Jincheon-gun, Jincheon-gun to the roads near C, approximately three kilometers away from the date and time specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, reports on the circumstantial statements of a drinking driver, reports on the control results of drinking driving, and application of Acts and subordinate statutes (D);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving sound and the choice of fines);

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

1. Discretionary mitigation Criminal Act;

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