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(영문) 대구지방법원 김천지원 2019.05.21 2019고단175
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a passenger car B lowest

On February 1, 2019, the Defendant driven the above vehicle while under the influence of alcohol 0.220% with blood alcohol concentration around 01:30 on February 1, 2019, and proceeded with the Gu-U.S. post office distance at the Gu-U.S. Silun-dong, Song-dong, Seoul, with the view to viewing view from the flue distance.

In such a case, there was a duty of care for those engaged in driving cars to properly see the front side and the left side and the left side, and to accurately operate and safely drive the steering gear.

Nevertheless, due to the negligence of being negligent in driving, the victim C(34 years old) who was in the air at the front section of the passenger vehicle of the defendant's driver's vehicle was placed in the front section of the driver's vehicle, and was placed in the front section of the driver's vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven a B low-speed car in the state of alcohol alcohol concentration of about 0.220% in the section of approximately 1km from the front of the F cafeteria in the Gu-U.S. Sinsi-si E to the same city-U.S. office distance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes, such as a report on the results of the drinking driving control, a survey report on actual condition, photographs, and a medical certificate (C);

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (2) 1 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. The Criminal Procedure Act;

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