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(영문) 대전지방법원 천안지원 2017.02.24 2016고단2259
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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Defendant shall be punished by a fine of five 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 is engaged in the duty of driving a knife knife knife knife in the Ireland.

On August 30, 2016, the Defendant was under the influence of alcohol concentration of 0.162% in blood, around 01:45 on August 30, 2016, and the Defendant was under the influence of alcohol leveled by 0.162% in the south-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, into the Cheongnam-do (YO) and the west-do (YO) and the west-do (YO) road in the south-gu,

In such cases, a person engaged in driving of a motor vehicle, etc. has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as keeping the left and right well, and securing the safety distance.

Nevertheless, the Defendant, while under the influence of alcohol and neglecting this, was driven by the victim E (V, 21 years old) who was proceeding in the same direction as the Defendant before the Defendant.

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After all, the Defendant driven the above vehicle in a state where normal driving is impossible due to influence of drinking, and suffered about two weeks of medical treatment to the above victim.

2. On August 30, 2016, the Defendant was under the influence of alcohol at around 01:45, the Defendant driven a Donland knife in the direction of approximately 5km from the road front of the trade in the north-gu Bungdong-gu, Seocheon-si to the road front of the above southwest-do, Nam-gu, Chungcheongnam-do, in the same city, under the influence of alcohol level of 0.162%.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Traffic accident reports, situation reports, and photographs;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 148-2 of the Road Traffic Act.

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