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(영문) 수원지방법원 2018.10.11 2018고단4708
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 of Cknife vehicle.

around 06:00 on August 5, 2018, the Defendant driven a two-lane between the two-lanes of KCC 50 KCC Switzerland apartment in front of the blood alcohol 0.242%, while under the influence of alcohol in front of the KCC Switzerland apartment, and led to the operation of the said passenger car in the middle of Pyeongtaek-si as the 0.242% of alcohol.

At this point, there was an intersection where signal apparatus was installed, so in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the front door and accurately manipulating the steering system of the vehicle.

Nevertheless, the Defendant, under the foregoing, was negligent in the occupational negligence in driving while neglecting it, received the rear part of the E-city bus driving this driving by the victim D (49 tax) who was waiting in the same lane at the front part of the said passenger van.

As a result, the Defendant driven the said van while it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim F, who is the passenger of the victim D and the above city bus (the victim F, who is 45 years old), for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report, a survey report, and an accident scene photograph;

1. Statement report on the circumstances of the driver in charge, investigation report (report on the circumstances of the driver in charge), notification of the results of crackdown on the driving of drinking, and response to requests for appraisal;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 1, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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