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(영문) 의정부지방법원 2019.08.13 2019고정1049
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 a Bchip car.

1. On April 7, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was driving the said franchise-low-water vehicle while under the influence of alcohol 0.118% of the blood alcohol concentration on the front road in Namyang-si C around April 7, 2019, and driving the two-lane road at the speed of the tunnel at the speed unspeed in the direction of the tunnel.

At night, as a driver, he had a duty of care to safely drive according to road traffic conditions and the structure and performance of his vehicle by accurately manipulating the steering gear, brakes, and other devices of his vehicle.

Nevertheless, the Defendant neglected to do so and led the victim E (the age of 46) in the same direction prior to the same negligence due to the neglect of the front-time care while driving the vehicle, followed by the F K5 vehicle operated by the victim E (the age of 46) in front of the driver's seat of the vehicle.

Ultimately, the Defendant, while driving the said franchise vehicle in a situation where normal driving is difficult due to the influence of drinking, suffered injury to the victim E, who is the driver of the said K5 vehicle, such as a light-line and a tension for about three weeks, and suffered injury to the victim G (39 years old) and H (38 years old), who is the above K5 vehicle driver, and the victim G (39 years old) and H (38 years old), for about three weeks of medical treatment.

2. The Defendant was under the influence of alcohol 0.18% in the temporary border as stipulated in paragraph (1) of the Road Traffic Act, and the Defendant was driving a free-to-land car from the first road in the Namyang-si to the front road in the Namyang-si, Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, G and H;

1. Report on the state of driving under the influence of alcohol, inquiry into the results of the control of drinking driving, an appraisal report on blood alcohol, and each medical certificate;

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

1. Criminal facts;

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