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(영문) 대전지방법원 천안지원 2017.04.28 2017고단221
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of eight 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 violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and is engaged in driving of a motor vehicle B-to-pured.

On December 21, 2016, the Defendant driven the foregoing vehicle under the influence of alcohol level of 0.153% among blood transfusion around 01:40 on December 21, 2016, and entered the front road of the said store in Seo-gu, Seoan City.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent accidents in advance by safely driving the steering side and the steering system.

Nevertheless, the Defendant neglected to enter the above road as it was due to the negligence of entering the road, and received the front part of the victim E(58) driving a F rocketing taxi in front of the Defendant’s driving.

Ultimately, the Defendant suffered, by negligence, from the above occupational negligence, approximately two weeks of injury to sugars, etc. in two open areas requiring approximately two weeks of medical treatment to the above E, and from the victim G (37 tax) who was accompanied by the damaged vehicle, approximately two weeks of medical treatment to the damaged vehicle, respectively.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle with a 0.153% alcohol level among the blood transfusion at the time specified in paragraph (1) of this Article, which is located in Seoan-gu C at the Seoan-gu, Seoan-gu, Seoan-gu, under the influence of alcohol leveling 0.153%.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The actual survey report and each photograph;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

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

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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