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(영문) 창원지방법원 2018.03.23 2018고단174
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a first car in B.

On November 16, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.149% in blood at around 22:00, and led to the left-hand turn to the right-hand elementary school at a speed that cannot be known from the direction of the 119 Safety Center at the northwest 119 Safety Center.

At the time, the signal was installed at night and at that time, so in such a case, there was a duty of care to ensure safe operation of the lane by thoroughly operating the front hour and accurately operating the steering and steering system to the driver.

그럼에도 불구하고 피고인은 술에 취하여 이를 게을리 한 채 그대로 진행한 과실로 피고인의 진행방향 우측에 설치되어 있던 보행자보호 펜스를 피고 인의 승용차 우측 앞부분으로 들이받고, 그 충격으로 튕겨 나가 화정 초등학교 앞에서 신호 대기 중이 던 피해자 C(30 세) 이 운전하는 D 싼 타 페 승용차 좌측 뒷부분을 피고 인의 승용차 좌측 앞부분으로 들이받았다.

As a result, the Defendant driven a motor vehicle under the influence of alcohol or drugs that is difficult to drive normally due to the influence of alcohol or drugs, and suffered injury, such as salt, tension, etc., of the 2 week medical treatment for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual condition, a statement on the circumstances of the driver at the main place, and an investigation report (a report on the situation of the driver at the main place);

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the selection of fines);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the maximum amount of the above two crimes) shall be applicable.

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