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(영문) 대전지방법원 천안지원 2019.05.23 2019고단321
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of the ice A car.

1. On December 5, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven the said stoke car while under the influence of alcohol content of 0.184% on blood on December 22 and 30, 2018, while driving the said stoke car at a 0.184%, and driving the two-lanes of the three-lanes in front of D in Seo-gu, Western-gu, Seoan City.

At the same time, there is an intersection where signal apparatus is installed in the front, so in such a case, a person engaged in driving service has a duty of care to maintain the safety distance by emphasizing the driving condition of the vehicle that was driven earlier.

Nevertheless, the Defendant was negligent in driving under the influence of alcohol concentration of 0.184% while being under the influence of normal driving while making it difficult for the Defendant to drive the vehicle in front of the Defendant’s driver’s clinic, and the part on the right side of the Victim E(52) drive, which was stopped for the signal atmosphere in front of the Defendant’s driver’s clinic car, was received as the front part of the Defendant’s driver’s clinic car.

As a result, the Defendant was negligent in driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in injury to the victim, such as salt, tension, etc. of the trend requiring two weeks medical treatment.

2. Around 22:30 on December 5, 2018, the Defendant driven a stoke car under the influence of alcohol leveling 0.184% from a section of about 100 meters from the G apartment in Seocho-gu, Western-gu, Seocheon-gu to the International cafeteria in the front of a restaurant located in H to December 5, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report, actual condition survey report, and accident site photograph;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and notification of the completion of correction;

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

1. Relevant Article of the facts constituting an offense and the solicitation of punishment;

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