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(영문) 수원지방법원 2021.02.04 2020고단8496
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 12,000,000 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 KS7 car.

On November 1, 2020, the Defendant was under the influence of alcohol 0.185% during blood transfusions on November 11, 2020, and the Defendant was under the influence of alcohol, such as the influence of alcohol, but it was difficult to drive normally. However, the Defendant was under the influence of alcohol when driving the said vehicle and driving the said vehicle along the two-lanes near the “D” road located in Osan City, Osan-si, on the ground that it was impossible to know while driving the vehicle along the two-lanes near the said vehicle.

In this case, there was a duty of care to properly manipulate the brakes, steering system, etc. while living together with the rear side, because there was a vehicle that stops temporarily after discovering the above K7 passenger vehicles.

Nevertheless, the Defendant, by negligence, neglected to stop in the rear bank while under the influence of alcohol, caused the part of the front panion of the Franland Kankn Kan-knknb that was driven by the victim E ( South, 47 years old) who was under the influence of alcohol to the back part of the above K7 vehicle, and caused the victim to be on the part of the shoulder and the arms that require approximately three-day medical treatment.

As a result, the Defendant was driving the said K7 car in a situation where normal driving is difficult due to the influence of drinking, thereby causing injury to the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver who is placed in driving, a report on the situation of the driver who is placed in driving, a report on the results of regulating the driving of drinking, an investigation report on the actual condition, and

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

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 of the Criminal Act to attract a workhouse.

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