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(영문) 대구지방법원 포항지원 2018.10.12 2018고정239
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Defendant

A is a person who drives a car in B color X-ray.

1. On May 7, 2018, the Defendant, while under the influence of alcohol with 0.170% of alcohol during blood transfusion at around 01:18, the Defendant, while proceeding in front of the DNA road located in North-gu C at the port of port in the two-lane distance between the two-lane distance between the two-lane (Gu) port and changing the course into two-lanes.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to properly see the front side and the left side and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in changing the lane as it is, and was driven by the victim E ( South, 36 years old) who was driving a two-lane in the same direction as that of the vehicle under the same direction as that of the vehicle under the influence of alcohol, and the FK5 vehicle driven by the victim E ( South, 36 years old) in front of the left-hand side of the vehicle under the influence of alcohol.

Defendant 1 suffered injury to the victim, such as obsesses and tensions, requiring a treatment period of up to one day by negligence in the above occupational negligence.

2. While under the influence of alcohol concentration of 0.170% among the blood transfusion of the above day, Defendant 1 driven approximately 3 KKm from the non-fluence point in the movement of the south-gu at port to the front road located in the north-gu C at Port of Pohang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of E;

1. A traffic accident report, accident scene photograph, photographic images of black stuffs, and on-site photograph;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes confirming medical treatment;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

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. Attraction of a workhouse;

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