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(영문) 대전지방법원 천안지원 2017.05.18 2017고단616
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of a motor vehicle B in high-priced motor vehicle.

On February 11, 2017, the Defendant was under the influence of alcohol level of 0.198% from blood transfusion around 16:56 on February 11, 2017, and was under the influence of alcohol level of 0.198%.

In this case, the defendant who is engaged in driving a motor vehicle has a duty of care to properly see the rear side and accurately manipulate the steering gear and brakes so as to prevent the accident in advance.

Nevertheless, the Defendant neglected this and did not properly check the rear side of the above vehicle, and did not show the rear part of the above vehicle, which was the rear part of the victim C Driving which was stopped after the Defendant’s driver’s vehicle, shocked the front part of the victim C Driving Motor.

As above, the Defendant suffered injury, such as salt ties, tensions, etc., in need of medical treatment for about two weeks, in a situation where normal driving is difficult due to influence of drinking.

2. On February 11, 2017, the Defendant: (a) driven a B-hand motor vehicle with alcohol concentration of 0.198% in alcohol level at the front of the entrance of the said extreme apartment at the two front of the B-dong 2-dong B-dong, Chungcheongnam-gu, Chungcheongnam-gu, Yan-si, B-dong, B-dong, B-dong, B-dong, B-dong, at around 16:56, around 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. A medical certificate;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of the statutes of the response request for appraisal;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 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(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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