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(영문) 대구지방법원 서부지원 2016.09.30 2016고단1178
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. On April 27, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving a motor vehicle with low alcohol concentration of 0.136% under the influence of alcohol during blood transfusion on April 27, 2016, and driving a motor vehicle with low alcohol level of 0.136% in front of the general market in the Seogu Seo-gu, Daegu City, Seo-gu, Seog-gu, in front of the general market, from the bank of the Public Security Center of this Council to the opposite middle school at an insular speed.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle with due care and care in front and with due care in the flow of the vehicle in front.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and due to the negligence that caused the Defendant to stop in the signal waiting room at the front of the Defendant’s car, and the Ecoon of the victim D(A, 60 years old), who was under the influence of the signal waiting at the front of the Defendant’s car.

As a result, the Defendant was negligent in neglecting the duty to see a motor vehicle while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and caused the victim to suffer bodily injury, such as a fluoral certificate of a land that requires treatment for about three weeks, and a bridge below.

2. The Defendant violated the Road Traffic Act (drinking) driven a C car at a section of about 2 km from the street in the vicinity of the stop place in Daegu-gu, Daegu-gu to the front of the comprehensive market, while under the influence of alcohol level of 0.136% among the blood alcohol during the day specified in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

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, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning the crime;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.

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