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(영문) 대전지방법원 천안지원 2018.04.20 2017고단2519
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle B with low risk driving.

On August 29, 2017, the Defendant driven the said car under the influence of alcohol content of 0.199% in blood at around 15:48, and driven the two-lanes adjacent to the intersection in the beginning of an Asan City, Asan City, at the speed of about 80km from the intersection to the intersection in the parallel.

At the time of the above two-lanes, the injured party C's DNA freight truck was in the same direction as the Defendant. In such a case, the driver of the motor vehicle had a duty of care to prevent the traffic accident by keeping the vehicle in good faith and safely driving the vehicle.

Nevertheless, the Defendant neglected to do so and caused the sudden right-hand line to the right-hand side of the passenger vehicle, and received the front right-hand side part of the passenger vehicle following the Grand Cross Cargo, which was preceding the two lanes.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, resulting in the injury of the victim, such as salt pans, tensions, etc. in need of a two-day medical treatment.

2. On August 29, 2017, the Defendant: (a) driven a motor vehicle under the influence of alcohol by approximately 5km in a section of about 0.199% alcohol level, from around 15:48, 201 to the intersection in the beginning of the beginning of the city at the same time on the road near the 3-rith of Asan City, Do; (b) the Defendant driven a motor vehicle under the influence of alcohol level of at least 0.199%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual conditions;

1. Fact-finding reports on drivers of drinking alcohol and inquiries about the results of drinking control;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment, etc.

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