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(영문) 대구지방법원 의성지원 2017.06.08 2017고단111
특정범죄가중처벌등에관한법률위반(위험운전치상)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 the driver's duty of Poter B.

On April 23, 2017, the Defendant driven the roads in front of the Cheongong-gun, Haak-gun, who had a difficulty in normal driving due to the influence of alcohol 0.240% among the blood transfusion around 16:10. On the surface of the advancement, the Defendant driven the roads in front of the Cheongong-gun, Cheongwon-gun.

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

Nevertheless, the defendant neglected this and went to the front part of the cargo vehicle driving by the defendant, who is a pedestrian victim C(82 3) who was walking on the same room as the same room due to the negligence of the defendant's negligence.

Ultimately, the Defendant, while driving in a state where normal driving is difficult as seen above, suffered from a rush and rushed salt, etc., which did not have any mersh in two open fields where approximately two weeks of treatment is needed, by negligence in the course of business.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an accident scene photograph;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a report on investigation (related to attachment of a medical certificate);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the crime;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is an unfavorable condition against the Defendant, inasmuch as the Defendant, while driving alcohol at a high level of 0.240% in blood alcohol level, resulting in a traffic accident, resulting in an injury to the victim, the crime’s quality is not somewhat weak, while the Defendant has long been punished as a crime of violating the Road Traffic Act (driving) even though having long been long committed against the Defendant.

However, the defendant's mistake.

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