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(영문) 수원지방법원 2020.10.16 2020고단4623
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in the business of driving B franchise motor vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On June 13, 2020, at around 04:17, the defendant is straightened as D in the front of the C in the Ssung City around 04:17, and is straightened as two lanes.

C. It has changed the course into three lanes.

It is a road with frequent traffic of motor vehicles. In such cases, a person engaged in driving of motor vehicles has a duty of care to safely change his/her course by checking the front, rear, left, and left well.

Nevertheless, the Defendant is inaccurate under the influence of blood alcohol concentration of 0.186%, and the Defendant neglected it in a state where normal driving is difficult due to the influence of alcohol due to the influence of alcohol, and neglected it and did not look at it well, and led to the change of course of the victim E (the age of 42) who was proceeding a three-lane due to the negligence of changing the course as it was, the lower part of the driver’s seat of the Defendant’s driver’s vehicle was shocked with the front part of the Defendant’s driver’s license.

Ultimately, the Defendant suffered from the injury of the victim E and the victim G (the 27 years of age) who is a passenger of the said Lone Star Motor Vehicle due to the foregoing occupational negligence for about two weeks, such as salt, tension, etc.

2. Around June 13, 2020, the Defendant violated the Road Traffic Act (driving) driving a motor vehicle under the influence of alcohol with approximately 15k alcohol concentration 0.186% in the section of approximately 15km from the roads adjacent to a cafeteria in Hasung-si to the places indicated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G statements;

1. A CD-related video copy of the case, such as a yellow survey report and field photograph;

1. Statement on the circumstantial statement, investigation report, and statement on blood alcohol concentration appraisal for the drinking driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Aggravated punishment of specific crimes provided for in the corresponding Article of the Criminal Act.

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