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(영문) 수원지방법원안산지원 2020.10.21 2020고정632
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 a vehicle for riding B.

【Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes】

A. On April 28, 2020, the Defendant was unable to drive normally the blood alcohol concentration of 0.194%, and around 01:53 on April 28, 2020, the Defendant driven the above vehicle and driven the three-lane road in front of the C apartment in Ansan-si, Ansan-si, along the two-lanes in the direction of the Sluri hotel shooting distance from the Slsan-si.

At night, the driver's vehicle was in progress by the victim D (51 years of age, south) driver's e-ray vehicle at the right-hand side of the moving direction of the defendant's vehicle at night. Therefore, the driver's duty of care was to properly operate the steering right and the steering gear, and to ensure the safe operation of the steering gear.

Nevertheless, the Defendant neglected to do so and proceeded close to the left-hand side, and suffered injury, such as the Defendant’s driver’s seat, slick part before the driver’s seat, slick part, etc., which led to the Defendant’s injury, such as the Defendant’s slick and tension, which requires approximately two weeks of medical treatment.

【Violation of the Road Traffic Act (Driving)】

B. The Defendant driven the said vehicle under the influence of alcohol concentration of about 0.194% at a section of about 500 meters from G in front to the scene of the accident located in Gyeyang-gu, Sinsan-si, the same time as that set forth in the preceding paragraph.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police's statement on the defendant's legal statement D, traffic accident report, photographs at the scene of the accident, photographic images of the damaged vehicle, etc., report on the circumstantial statement of the driver, and diagnosis of damage to the output of the drinking measuring instrument, such as the closure photographs of the damaged vehicle;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) and Article 148-2(3) of the Road Traffic Act concerning criminal facts.

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