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(영문) 수원지방법원 2018.10.04 2018고단4430
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM5 car.

On July 14, 2018, around 22:25, the Defendant got into the road by driving the said car parked in the said public parking lot under the influence of alcohol concentration of 0.208% at the two-lanes in front of the public parking lot 94, ri-ri, rig, rig, rigra, rig, ri., Masan-si.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system while living well in the future.

Nevertheless, Defendant C (56) who was under the influence of alcohol and failed to accurately operate the steering and steering system of the said vehicle due to occupational negligence, which caused the victim C(56 tax) who was under the influence of traffic at the later end of the said vehicle, and was under the influence of the traffic signal atmosphere, was under the front of the steering edge of the said vehicle.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and sustained injury such as salt, tension, etc. to the victim E (the 54 years old) who was boarding the said car in order to provide approximately three-day medical treatment, and suffered injury to the victim E (the 54 years old) who was driving the said car in order to provide approximately two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report, inspection report, photographs of the scene of the accident, and photographs of the accident scene;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

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

1. Article 148-2 (2) 1, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The aggravated Criminal Act for concurrent crimes.

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