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(영문) 대구지방법원 김천지원 2020.05.13 2020고정76
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B K7 automobiles

On November 24, 2019, at around 17:20, the Defendant driven the said car with the degree of 0.168% of alcohol concentration in blood, which is difficult to drive normally due to the influence of alcohol, and led to the driving of the said car in front of the DNA-type and the front road in the Gumi City C from the E apartment room to the front side.

Since there is a signal apparatus installed, in such a case, a person engaged in driving of a motor vehicle has a duty of care to live well the right and the right of the motor vehicle and to drive the motor vehicle safely in accordance with the new code.

Nevertheless, under the influence of alcohol, the Defendant was negligent in performing as they were, while neglecting the duty of Jeonju, and was driven by the Victim F (Nam, 37 years of age) who was in the atmosphere of signal at the time prior to the bend of the said car, and received the part of the panion as the front part of the said car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the bones and vertebranes of verte, which requires approximately three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) from I in the Gu-U.S. Si-si H at the temporary border to the place of the accident referred to in the preceding paragraph, the Defendant driven the K7 vehicle under the preceding paragraph, while under the influence of alcohol with a blood alcohol concentration of about 0.168% from the 4km section.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) concerning criminal facts and the selection of punishment (the

1. Article 37 of the Criminal Code among concurrent crimes.

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