(영문) 대전지방법원 홍성지원 2019.01.29 2018고단844

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 홍성지원 2019.01.29 2018고단844

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B Poter Cargo Vehicles.

1. On October 23, 2018, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) (hereinafter referred to as the “Aggravated Punishment, etc.”) was under the influence of alcohol by 0.153% of alcohol concentration in blood, and the Defendant was under the influence of alcohol from the Hongsung Court to the D cafeteria.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and to prevent accidents in advance by accurately manipulating the brake system.

Nevertheless, under the influence of alcohol, the Defendant got off the front side of the Defendant’s cargo vehicle that the victim E (the age of 18) drives in the same line ahead of the same line due to negligence that did not properly operate the brake system, etc., and caused the Defendant to have the front side of the victim F (the age of 59) driven by the victim E (the age of 18) on the front side of the same line.

As a result, the Defendant driving the said cargo in a situation where normal driving is difficult due to the influence of alcohol, resulting in the victim E in a pelionion at the bottom of the left-hand boom in need of medical treatment for about four weeks. At the same time, the Defendant suffered from the victim G (19 years of age) who is the passenger of the said Otoba, about three weeks of diversty in need of medical treatment, and suffered from the victim F and the victim F in need of medical treatment for about three weeks.

2. The Defendant violated the Road Traffic Act (driving) driving the said cargo vehicle under the influence of alcohol by 0.153% at a section of about 100 meters from the front of the “I” road in Hongsung-gun H of the above temporary border to the front of the “Dcafeteria” road in C.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Notification of a survey report on actual condition and the control of drinking driving;

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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