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(영문) 수원지방법원 2020.01.31 2019고단6842
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

1. Around 01:30 on October 15, 2019, the Defendant driven a C-Tin car at the section of approximately 3.5 km from the Dotan Station located in the Cheongdong-dong Cheongsung-si to the same city B apartment, while under the influence of alcohol with a blood alcohol concentration of 0.183%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a car in the above mountain.

On October 15, 2019, at around 01:30, the Defendant, while under the influence of alcohol as described in Paragraph 1, the Defendant was able to drive the said car in an incorrect manner and with the difficulty of driving it normally, such as a remote distance, and driven the road of six-lanes in front of the B apartment in the eternic City along four-lanes from the boundary of the lake Park to the East etan.g.

At night, the Defendant is at night and the Defendant was proceeding following the E-si driven by the victim D(57 years old). In such a case, there was a duty of care to properly operate the brakes and secure safety distance in order to prevent accidents from occurring.

Nevertheless, the Defendant failed to properly operate the brake system even though the above taxi, which was under the influence of alcohol, was stopped in order to ensure the signal atmosphere, and received the back spread of the above taxi from the Defendant as the front driver of the car.

Ultimately, the Defendant suffered injury, as seen above, to the victim F, who is the passenger of the said taxi, by negligence in the course of business, while driving a taxi in a situation where normal driving is difficult due to influence of drinking, such as the climatic salt, tension, etc., which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Each investigation report (receiving a victim's D diagnosis report and written estimate, and receiving a victim's F diagnosis report);

1. The report on traffic accidents and the current status of each investigation report at the scene;

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