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(영문) 수원지방법원 여주지원 2020.04.08 2019고단1314
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On October 2, 2019, around 22:10, the Defendant, while under the influence of 0.162% of alcohol level at the front intersection in front of the Gyeonggi-si, Gyeonggi-do, the Defendant was driving at a 0.162% of the blood alcohol level, at the new direction, three lanes between three lanes in the direction of the heading.

Since there is an intersection where signal lights are installed, there was a duty of care to prevent accidents in advance by accurately operating the steering and steering system, and by safely operating the steering and steering system of the motor vehicle in accordance with the signals.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol to the right side part of the victim D(E) driving in the direction of the new heading in the direction of the new heading, by negligence of the left-hand turn after stopping at an intermediate point of the intersection, and the victim D(E) driving in the direction of the new heading.

Ultimately, the Defendant driven the said other car in a state where it is difficult to drive it normally due to influence of drinking, and suffered injury to the victim F, who is the victim D and the driver of the said car sod, the victim F (the 51-year old-old driver), respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, initial countermeasures and photographs;

1. Application of Acts and subordinate statutes to report the circumstantial statement of a drinking driver, investigation report, notification of the results of the control of drinking driving, inquiry into the results of the control of drinking driving, and reporting on the state of drinking driving;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime committed;

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 of the Criminal Act for discretionary mitigation.

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