(영문) 대전지방법원 천안지원 2017.12.28 2017고단2447

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(영문) 대전지방법원 천안지원 2017.12.28 2017고단2447

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

The defendant is a person who is engaged in driving a Party B's car.

1. On June 17, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.223% from the road front of the highest authorized intermediary office located in the two-dong, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, to the front road in the same Gu C, with approximately 3km alcohol level of about 0.223%.

2. On June 17, 2017, the Defendant driving the said vehicle under the influence of alcohol, as described in paragraph 1, around June 21, 2017, and driving the said vehicle along the two-lane road in front of the D referred to in paragraph 1, along the direction of the salary distance from the right edge of the road.

At the time, it is night and where there are many vehicles, so in such a case, there was a duty of care to prevent accidents in advance by emphasizing the front and rear side and accurately manipulating the steering system for the driver of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant received a vehicle driven by E while stopping for the signal waiting prior to the driving of the vehicle, followed by the vehicle behind the vehicle by the Defendant and then was driven by F(57 years old) by the victim F(57 years old) who was parked behind the vehicle by the Defendant and was driven by the Defendant.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and caused the victim to suffer bodily injury, such as a string of a chest boom that requires medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. A survey report on actual conditions;

1. An accident scene 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 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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