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(영문) 수원지방법원 2019.01.30 2018고단6392
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

2. If the defendant does not pay the above fine for 70 days.

Reasons

Punishment of the crime

On October 19, 2018, the Defendant, while under the influence of 0.268% of the blood alcohol concentration in the five-lanes of the five-lanes in 00:00, the Defendant was driving a CTrack car in the direction of the D apartment in the direction of the D apartment.

At the time, the driver is at night, and in such a case, the driver of the vehicle was at night, and the driver of the vehicle was at night, and the driver of the vehicle was under a stop under the new subparagraph, and therefore, the driver has a duty of care to safely drive the vehicle so as not to conflict with the vehicle.

Nevertheless, the Defendant neglected this and found the remainder of the car under the influence of alcohol late, and failed to properly operate the operation system, and received the back part of the car as the front part of the car.

As a result, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, such as a delay in red and cognitive reaction, and suffered injury to the victim E, such as a shot, etc. without being in the two openings where treatment for about two weeks is required for the victim E, and suffered injury to the victim G (V, 30 years of age) who was on board the E car for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Reports on traffic accidents, reports on the circumstances of a drinking driver, and reports on the results of the control of drinking driving;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 40 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes) on the Aggravated Punishment, etc. of Specific Crimes against E with heavy criminal penalty;

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