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(영문) 대구지방법원 상주지원 2019.08.20 2019고단105
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B M& car.

On January 29, 2019, the Defendant driven the said car with a blood alcohol content of 0.116% at around 23:10, while driving the said car, and proceeded with a three-distance in front of the village development district in Ycheon-gun C in the “Sacheon-gun” room from the “Sacheon-gun” room.

Inasmuch as the direction of the driving of a motor vehicle has been a bend and bend, there was a duty of care for the person engaged in driving the motor vehicle to see the direction and to safely proceed by accurately manipulating the steering gear and brakes.

Moreover, the Defendant was in a situation where normal driving is difficult due to influence of drinking such as in-depth distance, etc. to the extent that it is inaccurate and is not capable of properly walking with the wind that has been driven by at least three soldiers immediately before driving on the same day.

Nevertheless, under the influence of alcohol, the Defendant failed to pass through the bend road by the viser road due to negligence while neglecting this, and fell down with the ditches lower than that on the right side of the road.

Ultimately, the Defendant, by such occupational negligence, sustained the injury of the victim D(39 years of age) who was accompanied by the said car, such as “satisfyed salt on the left side,” which requires approximately two-day medical treatment, and the victim E (38 years of age) who was accompanied by the said car, for approximately two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to a report on investigation (as to the submission of a medical certificate by victims);

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15530, Mar. 27, 2018) and the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018) regarding

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