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(영문) 수원지방법원 안산지원 2017.11.24 2017고단2686
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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Defendant shall be punished by a fine of seven 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 a motor vehicle with lurburged B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On August 28, 2017, the Defendant was under the influence of alcohol concentration of 0.175% in the blood transfusion around 04:50 on August 28, 2017, and the Defendant was under the influence of 322-22-22 lanes in front of the Sinungdo Tri-ro 32-22.

At the same time, as a night, those engaged in driving service have a duty of care to accurately operate steering gear and brakes, to live well in the traffic situation of the front line, and to observe and drive the train.

Nevertheless, the Defendant neglected to drive a car under the influence of alcohol, and the walking is difficult to drive normally, such as a remote distance, and the Defendant is negligent in driving the side, not a normal lane, and the Defendant has been negligent in performing the duty of an exclusive driver, and the part of the passenger car that the Defendant is parked in the front section of the vehicle operated by the Defendant, and the back part of the vehicle was shocked by the victim C (43 ) who is parked in the front section of the vehicle operated by the Defendant.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of treatment due to such occupational negligence.

2. The Defendant, at the same time and place as Paragraph 1, driven the foregoing B-pubed vehicle under the influence of alcohol concentration of approximately 0.175% in a section of about 7 km from the road in the literature-dong of Incheon to the road in front of the Sinsido 322-2, Sinsi-ro, Sinsido Don-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on traffic accidents and a survey report on actual condition;

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

1. A written appraisal of alcohol during blood;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 2 of the Road Traffic Act.

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