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(영문) 대전지방법원 천안지원 2020.02.13 2019고단2707
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 Bchip motor vehicles.

1. On September 21, 2019, the Defendant driven a B-low vehicle under the influence of alcohol with approximately 10km alcohol concentration of about 0.177% from the section of about 10km from the D neighboring road located in Asan-si C to the two-lane roads located in Asan-si E in Asan-si.

2. On September 21, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a passenger car listed in the said paragraph 1 while under the influence of alcohol level of 0.177% on September 21, 2019, and driven a two-lane road in front of the F-lane E in Asan City, at a speed that would not be known from the fright to the erode along two-lanes.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and there was a duty of care to prevent accidents in advance, such as reducing speed and accurately manipulating the steering direction and brake system by checking well the right and the right according to the situation of traffic on the road.

Nevertheless, the Defendant neglected this and neglected the influence of drinking, and caused the collision between the victim G (V, 42 years old) who was waiting for a signal at the front bank by negligence, which caused the Defendant’s collision with the front part of the passenger car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of G traffic accidents;

1. Notification of the control of drinking driving;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to medical certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Articles 148-2 (3) 2 and 44

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