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(영문) 대전지방법원 서산지원 2018.04.19 2017고단1071
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 6, 2017, the Defendant driven a C Ray vehicle under the influence of alcohol with approximately 1.13% alcohol concentration at the section of about 1.1km from around 00:30 to around 00,00 a.m., 9, 52 won per hour from the front day of the beauty room of the Masch Rexroth, to the front day of the beauty room of the same city.

2. The defendant is a person who is engaged in driving service of the above C-Sa car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On November 6, 2017, at around 00:30, the Defendant, while under the influence of alcohol, operated the said car, and 52 won National Highway No. 32, which was the first Jin-si of Jin-si, and was driven by the Defendant at approximately 30 km from the surface of the apartment, to the surface of the Jin-si General Hospital.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a condition that it is difficult to drive a motor vehicle normally due to influence of drinking, and since there is a place where it is installed a division from the center, there was a duty of care that shall not drive a motor vehicle by breaking the central line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while driving in normal conditions at the front of the Defendant’s vehicle by negligence, and received the left part of the victim D(W, 52 years old) driving in front of the automobile in front of the Defendant’s vehicle.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to the influence of alcohol, and suffered injury, such as “scarping off the scarfy wall,” which requires treatment for about three weeks, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report, a survey report on actual condition, a report on the results of crackdown on drinking driving, and a statement on the situation of the driver of drinking;

1. A medical certificate;

1. Application of statutes on site photographs;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

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