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(영문) 의정부지방법원 2020.06.01 2020고단692
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 18 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On January 11, 2017, the Defendant was issued a summary order of KRW 5 million by the Incheon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

The Defendant is a person who is engaged in driving a passenger car B benzS 350.

On January 24, 2020, at around 18:15, the Defendant driven the said car while under the influence of alcohol content of 0.112%, and was under the influence of alcohol, from the front side of the D public parking lot to the front side of the D public parking lot.

Since it is an intersection, there was a duty of care to check whether a person engaged in driving service has a motor vehicle, etc. entering the intersection first by reducing speed or temporarily stopping the speed, and to drive it.

Nevertheless, the Defendant: (a) neglected to drive normally under the influence of drinking, such as that the state of speech and behavior is narrow, and the ability to properly control steering devices and brakes is considerably falling under the influence of drinking; (b) neglected to operate the brakes in a manner that makes it difficult for the Defendant to drive normally; and (c) neglected to operate the brakes properly; and (d) neglected to operate the brakes as the front line of the Victim F (age 46) that was directly driven by the central intersection from the jurisdiction of the government station to the intersection; and (d) neglected to operate the brakes properly; and (e) led to the impact of

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, resulting in injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks, and driven a motor vehicle under the influence of drinking in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Fact-finding survey report and report on the occurrence of any traffic accident;

1. Report on the circumstantial statement of a driver of a drinking alcohol driver, investigation report (report on the full-time driver), notification of the results of the control of drinking alcohol driving, and inquiry into the results of the control of drinking alcohol driving;

1. An accident scene photograph;

1. Written estimate and written diagnosis;

1. Previouss before judgment: Criminal history records;

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