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(영문) 수원지방법원 2019.10.18 2019고단4393
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a Grand City Vehicle B.

On June 21, 2019, at around 00:30, the Defendant driven the above vehicle in a state where it is difficult to drive normally due to alcohol of 0.202% of blood alcohol concentration. On June 21, 2019, the Defendant was driving in the direction of salary IC in the direction of the post office, depending on two-lanes between the two-lanes adjacent to the intersection of the C Apartment in the insular case.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely operate the steering and steering system by accurately operating the steering and steering system.

Nevertheless, the Defendant neglected this and got the back portion of the victim D(25 years old) vehicle waiting at the front section of the said Grandn vehicle, which was sent to the front section of the said Grandn vehicle, due to the negligence of the Defendant’s failure in driving at the front section, and thereafter, the Defendant got the front section of the said Grandn vehicle in front of the said Grandn vehicle while driving again at the two lanes from the two lanes to the one lane, and then the Defendant received the rear part of the victim F(53 years old) Ghurg vehicle waiting at the front section of the said two lanes.

As a result, the Defendant suffered injury to the victim D due to the above occupational negligence, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and D;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving); and selection of fines, respectively,

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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