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(영문) 창원지방법원 2019.09.11 2019고단1839
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving motor vehicles B.

On June 15, 2019, at around 23:25, the Defendant driven the said car under the influence of alcohol level of 0.133% while driving the said car at the entrance of the park cemetery, which is located in the Ganhae-si, Kim Jong-si, Kim Jong-si, along the two-lane direction from the surface of the forest, in the direction of the tri-lane distance from the surface of the forest.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by thoroughly operating the steering gear, brake system, etc. of the motor vehicle in the front and rear vision and accurately manipulating the steering gear, etc. of the motor vehicle.

Nevertheless, the Defendant neglected this, while driving normally due to the influence of drinking, such as neglecting the face of a little red, rhym, unsparing, walking, etc., and by negligence, followed the left side of the victim C (the age of 40) who was in the atmosphere of the signal at the front side of the same room where it is difficult to drive normally and due to the influence of drinking, and received the part of the driver's line after driving the victim C (the age of 40) into the front part of the right side of the vehicle for ex-pet.

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, suffered from the injury of the victim E (the 44 years old), the victim F (the 42 years old), and the victim G (the 3 years old), each of which requires two weeks medical treatment.

2. On June 15, 2019, the Defendant: (a) driven a B-te motor vehicle under the influence of alcohol at a section of about 13 km from the front of the I-company located in the Kimhae-si, Kim Jong-si to the front road of the entrance of the park cemetery located in the same tri-dong, with a blood alcohol concentration of about 0.133%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. A medical certificate (C, E, F, and G);

1. An accident site photograph;

1. A report on the occurrence of a traffic accident and a report on actual condition;

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