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(영문) 대전지방법원 홍성지원 2017.08.23 2017고단417
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

1. On April 5, 2017, the Defendant: (a) driven a BS-type car under the influence of alcohol with approximately 0.141% alcohol content in the section of about 1km from the day before the mutually influence, which is due to neglect of care at any time, to the front road of the Dong Gyeong-dong located at the center of the same city.

2. The Defendant is a person engaging in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On April 5, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.141% during blood transfusions, and driven the front road of the Dong-gu, which is located at the center of Bosa City, at the center of Bosa City, at the flood of the bank at the flood of the bank, one lane between two lanes and two lanes at an irregular speed.

At the time, at night and at the front place, there was a center separation, so in this case, a person engaged in driving of a motor vehicle is prohibited from driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to safely drive the motor vehicle and prevent accidents in advance by driving the motor vehicle in a safe manner, such as checking the right and the right and the right and the right of the motor vehicle,

Nevertheless, the Defendant neglected to drive a car normally due to the influence of drinking, and was negligent in driving it to the central separation zone, and was divided into the front part of the said car.

After all, the Defendant suffered injury to the victim C, who was accompanied by the foregoing occupational negligence, such as a set-off of the upper right pipe and an illegal flag, which require approximately 12 weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the actual condition of traffic accidents, notification of the results of regulating drinking driving, report on the circumstances of the driver who takes driving, and application of Acts and subordinate statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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