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(영문) 수원지방법원 안양지원 2019.08.13 2019고정348
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 28, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven BK5 car while under the influence of alcohol content of 0.148% on blood on September 28, 2018, and led the Defendant to drive the BK5 car along a three-lane road in front of the shooting distance of the Si/Gun/Gu office located in the 497 of Si/Gun of Mapo-si, Mapo-si.

Since there are many places in which vehicle traffic is frequent, in such a case, there was a duty of care to prevent accidents by accurately manipulating the steering gate and the steering devices for the driver of the vehicle.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving at the front of the car, received the back part of the victim C (the age of 25) driver's fright driving in the front of the car.

Ultimately, while driving a car in a state where normal driving is difficult due to influence of drinking, the Defendant suffered injury to the victim, such as salt, tension, etc. in a state where treatment for about two weeks is needed.

2. The Defendant violated the Road Traffic Act (driving) driving B K5 automobiles under the influence of alcohol with a blood alcohol concentration of 0.148% at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. Report on the status of the driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); and selection of fines, respectively, for a crime

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)1 of the Criminal Act for the detention of a workhouse;

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