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(영문) 수원지방법원 2020.12.03 2020고단6375
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

1. The defendant is a person who drives a vehicle B G80 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury).

On August 14, 2020, at around 23:00, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.20%, and the Defendant was under the influence of the said car and was driving the said car on the front road of the Goung-gu, Goung-gu, Giung-gu, Gidong-gu, to turn to the left at the left.

In this case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering and steering system, etc. of a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant neglected this and led to the left-hand turn to the left-hand turn beyond the median line in a situation where normal driving is difficult due to negligence, which led to the victim E (ma, 19 years old) who operated D Obab in the front side, with the left-hand wheels of the said vehicle.

Ultimately, the Defendant caused the victim to suffer the injury of the left-hand leged salt at the right-hand side, which requires approximately two weeks of medical treatment due to the above occupational negligence.

2. Around 23:00 on August 14, 2020, the Defendant driven a B G80 vehicle while under the influence of alcohol by 0.20% in the section of approximately 1.5m alcohol concentration from the F station of the F station located in Yongsan-si to the road in front of the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to traffic accident reports, accident site photographs, circumstantial statements of the drinking drivers, investigation reports (report on the circumstances of the drinking drivers), and expert reports;

1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act and the choice of fines for each crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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