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(영문) 수원지방법원 평택지원 2021.01.08 2020고단1844
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On April 14, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driven a motor vehicle from C Abdol with alcohol level 0.163% in blood while under the influence of alcohol level 0.163% in the intersection near Pyeongtaek-si B, around 21:45 on July 14, 2020, and proceeded at a speed that would not be known to E in the face of D apartment.

At this point, the intersection where signal lights are installed and where the traffic volume is high at the latest time, so in such a case, there was a duty of care to maintain the safety distance by living well on the front side for the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and failed to keep the front door in a safe distance while under the influence of alcohol, and thereby failed to maintain the safety distance before the Defendant’s driving direction, and received the back part of the passenger car of the victim F(F, 48 years old), which was stopped for the signal waiting before the Defendant’s driving direction, as the front part of the Defendant’s car.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as salt, tension, etc. of the trend that requires approximately two weeks medical treatment to the victim.

2. Around 21:45 on April 14, 2020, the Defendant driven a motor vehicle with a alcohol concentration of at least 0.163% in a distance of about 200 meters from the Gyeonggi-si G to the front line of Gyeonggi-si B. In the influence of alcohol, the Defendant driven a motor vehicle with a hurbbd from C under the influence of alcohol level of at least 0.163% in a distance of about 200 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Application of the Acts and subordinate statutes on CDs for damaged vehicles booms and CCTV for crime prevention in a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 (1) (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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