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(영문) 수원지방법원 성남지원 2020.05.07 2020고정115
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving BM3 automobiles;

On October 15, 2019, at around 15:49, the Defendant driven the said SM3 car in the condition that it is difficult to drive normally due to the influence of alcohol 0.138%, and led to the driving of the said SM3 car in front of the Dranc shop in the Gyeonggi-si, Gwangju-si, along with one lane from the spabs, at the spabs of the spabs.

The other vehicle stops on the side, and there are frequent commercial buildings in the vicinity, so the driver of the vehicle has a duty of care to safely drive the vehicle and prevent the accident by safely driving the vehicle.

Nevertheless, while under the influence of alcohol, the Defendant stopped on the right side of the front side of the vehicle and parked on the front side of the vehicle, and did not find out the FW car driven by the victim E (MW 58 years old) and received even the victim's driver's seat door in front of the M3 car.

As a result, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately three weeks of medical treatment, due to occupational negligence.

2. On October 15, 2019, the Defendant driven BM3 motor vehicles at the 1km section from the H road located in Gwangju City to the D coffee road located in Gwangju City, while under the influence of alcohol of 0.138% of blood alcohol level around 15:49, October 15, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the E’s statement on the occurrence of a traffic accident, the report on the occurrence of a traffic accident, the report on the control of drinking driving, the notification of the results of the drinking driving control, the circumstantial statement of a drinking driver, the field photograph and the written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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