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(영문) 대전지방법원 홍성지원 2018.01.09 2017고단728
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 engaging in driving a rocketing car.

On September 3, 2017, the Defendant driven the said car with a alcohol content of 0.203% 0.203% while under the influence of alcohol during blood transfusion around 18:00, and turned it back from the middle school room located in Chungcheong Hong-gun C to BMW singing off.

At this point, there was a duty of care to prevent accidents in advance by reducing the speed of a person engaged in driving of a motor vehicle and properly manipulating the direction and the left and right of the motor vehicle, and by accurately manipulating the steering and brakes.

Nevertheless, the Defendant neglected this and went through the above intersection by driving the said vehicle while it is difficult to drive the vehicle normally due to influence of alcohol as above, and was negligent in driving the said vehicle at the above intersection to the NAF on the surface of the NAF in the vicinity of the mountain village, and did not discover the F rocketing and other vehicles for the victim E (28 Dose) who passed the said intersection, and received a part of the left back part of the said F rocketing and other vehicles.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of danger), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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