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(영문) 대전지방법원 2017.10.18 2017고단2197
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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Defendant shall be punished by a fine of 6 million won.

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 car in Cknife.

On May 8, 2017, the Defendant driven the said car under the influence of alcohol content of 0.205% among blood transfusions on May 19, 2017, while driving it, and driving it over 1057, as a dry field in Daejeon Seo-gu, Seo-gu, Daejeon, by driving it over 7-lanes along the four-lanes from the direction towards the Han dry field to the opposite direction of the Han River field.

At the same time, there was a 4-distance crossing where signal lights are installed, so in such a case, the driver had a duty of care to see the situation of traffic in the front bank and the signal well, to accurately operate the steering and steering gear, and to prevent the accident in advance by driving it accurately and safely.

Nevertheless, the Defendant was negligent in neglecting to drive under normal conditions due to influence of alcohol while driving, and the Defendant was found to have been negligent in driving at the front part of the car of the Defendant, following the E-learning car driven by the Defendant (the age of 25) by the victim D (the age of 25) who was stopped at the front section of the car of the Defendant.

Ultimately, the Defendant driven a motor vehicle while under the influence of alcohol, and driven a motor vehicle while it is difficult to drive the motor vehicle normally due to influence of alcohol, and the Defendant suffered a multi-dacting scambling which requires treatment for about two weeks to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. An accident scene photograph;

1. Statement of the circumstances of the driver involved in driving;

1. Reports on internal accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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