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(영문) 춘천지방법원 2018.04.17 2018고단148
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

1. The defendant is a person engaged in driving a vehicle EM520 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On December 21, 2017, the Defendant driven the above car on December 21, 2017, while driving it at around 00:33, and driving it at around 00:00,000, 380.4 km from the central expressway, which is in the original window of the Chuncheon movable property, at the speed of 0.14% alcohol concentration during blood.

Since the place is an expressway with a central line installed as the center of concrete separation, all vehicles passing along the place have a duty of care to safely proceed in the specified direction.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and got a part of the victim F (hereinafter referred to as 41 years old) driving G G G in the case of the victim F (hereinafter referred to as 41 years old) driving, which was normally driven in one lane due to the negligence of driving in the center line, in front of the left-hand part of the said car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in a state of light that requires treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said SM520 car under the influence of alcohol with 0.14% alcohol concentration in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A medical certificate;

1. The application of Acts and subordinate statutes to report the occurrence of a traffic accident, a survey report on actual condition, the notification of the results of crackdown on drinking driving, the photograph of the accident, the statement of the circumstances of the driver taking driving, and the circumstantial report (whether

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Article 5-11 (a) 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 act of driving under influence of alcohol);

(b) the selection of fines (in the blood, the higher alcohol concentration in the blood, and the attitude of risk driving;

On the other hand.

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