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(영문) 수원지방법원 안산지원 2018.12.21 2018고단3956
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Defendant

A is a person who is engaged in driving a low-priced car.

1. On May 13, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) was driving the said vehicle on around 19:12, and led the Defendant to drive the said vehicle in the direction toward the speed of the Si, under the speed of the Si, at the speed of the speed of the Si, from the boundary of the Sindo New City via the 16-lane Songdo, Yeonsu-gu, Incheon.

At the time, night and a place where a boundary line is installed at the center of the road, so in such a case, a person engaged in driving a motor vehicle has a duty of care to thoroughly operate the motor vehicle on the front side and safely.

Nevertheless, the part of the victim C(26) driver's license, which was driven along one-lane from the boundary of the city, due to the negligence that was driven in the state of being under the influence of 0.101% of alcohol level in the blood, and was driven along one-lane from the boundary of the city of Songnam-dong, the C(26) driver's license for the driver's license in front of the driver's license for the vehicle under the influence of alcohol level 0.10%.

As a result, the Defendant was on the part of the above occupational negligence to inflict bodily injury on the victim C with salt and tensions that require two weeks of medical treatment, and on the chief of the damaged vehicle.

E (27) suffered from the injury of finites and tensions in need of two weeks' treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) runs a vehicle with approximately 3 km in a state of alcohol alcohol level of 0.101% in blood, starting from the training field around the training field of Yeonsu-gu Incheon Incheon, to the place of the accident. The Defendant is driving a vehicle with approximately 3km in a state of driving under the influence level of approximately 0.101% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

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. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting a crime and the Gu.

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