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(영문) 수원지방법원 2020.09.10 2020고단926
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of B K5 motor vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On October 1, 2019, the Defendant driven the above vehicle at around 23:45, while driving the vehicle, while driving a road near the Seoul Southern Metropolitan Area Highway D Rest at the Gyeonggi I, leading the vehicle to a mountain slope from the front intersection to the front intersection.

Since there is a road where the passage of a motor vehicle is frequent, there was a duty of care to safely drive the motor vehicle by checking the front, left, and well.

Nevertheless, the Defendant neglected to do so and divided into 0.143% alcohol content and 0.14% of alcohol content. Visual distance is shocked, and the Defendant did not look well at the front, left, and left, in a situation where normal driving is difficult due to the influence of alcohol such as drinking, and did not change the car line, and caused the part of the Defendant’s vehicle’s change to the upper right, which led to a panion in front of the victim’s E-(47 years old) driving.

Ultimately, the Defendant, by occupational negligence, suffered injury to the victim, such as salt, tensions, etc. in need of medical treatment for about two weeks, and injury to the victim G (35 years of age) who was a passenger of the said high-est motor vehicle, for about six weeks of medical treatment, and for the part where the details of the mouth are unknown, respectively.

2. Around October 1, 2019, the Defendant was driving the said K5 vehicle while under the influence of alcohol of about 12 km from the roads near the Manyang-dong Mangdong-dong, Ansan-dong to the places indicated in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An accident site photograph;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

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

1. The specific crimes provided for in the corresponding provisions of the Act regarding criminal facts.

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