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(영문) 의정부지방법원 2020.07.22 2020고단1349
특정범죄가중처벌등에관한법률위반(위험운전치사상)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

1. On February 29, 2020, the Defendant driven a CM5 vehicle under the influence of alcohol by 0.195% from the section of about 2k meters of alcohol from the welfare distance in the Yan-Eup Welfare Ri at the Yang-si, Yang-si, to the front roads in the Gyeonggi-si.

2. On February 29, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving CM5 car as a job under the influence of alcohol with a blood alcohol concentration of 0.195% around 22:48 on February 29, 2020, while driving CM5 car as a job, and driving CM5 car directly from D to E on the front side.

The defendant, who is under the influence of alcohol, has a duty of care to safely proceed, such as operating the steering gear and brakes properly, complying with his own lane, and not breaking the center line.

In addition, the defendant was in a restaurant located in F at the same day in the two weeks of the game, in a state where normal driving is difficult due to the influence of drinking, such as drinking, such as the string and driving of one-half of the disease in small liquor, the horse is more inaccurate, and the walking condition was rhyd.

Nevertheless, the Defendant neglected this and took part in the front part of the passenger vehicle of the Defendant, which was driven in the opposite direction of the Defendant’s vehicle due to the negligence of the Defendant, the front part of the HL1500-wheeled Driving G (Nam, 61 years old), which was driven in the opposite direction of the Defendant.

In this regard, the Defendant suffered injury to the victim, such as scarcitys, which requires approximately two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Legal statement, report on a traffic accident by a defendant, and report on the occurrence of a traffic accident;

1. Report on the circumstantial statements of a drinking driver and report on the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to investigation reports, report on whether to drive any danger, and report on accident site photographs;

1. Criminal facts;

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