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(영문) 대구지방법원 2016.11.17 2016고단4667
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a 1t-on cargo vehicle B and C.

On September 9, 2016, the Defendant driven the above cargo while under the influence of alcohol 0.141% in blood alcohol level around 02:45, and moved four lanes from four lanes in front of the D located in the Gansan City in the Gansan City in the Gansan-si, Gan-si.

At all times, there was a duty of care to safely drive the steering vehicle by accurately manipulating the steering direction and operating the steering system, after checking whether there is a vehicle that proceeds from another direction by reducing speed and by properly checking the direction and the right and the right and the right.

Nevertheless, the Defendant neglected this and neglected to turn to the left from the right-hand side of the passenger E(the 62-year-old driver) driving in the traffic signal to the right-hand side of the passenger E(the 62-year-old driver) in order to turn to the right-hand side of the passenger E(the 62-year-old driver) due to the negligence of bypassing the lane.

Ultimately, the Defendant driving the said cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim G (23 years of age) who is the said E and taxi passengers, such as the base for treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Notification of the results of the drinking driving control, the actual condition survey report and photographs, and the application of two Acts and subordinate statutes in two copies;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each selective fine (such as the fact that the defendant agreed smoothly with the victims of a traffic accident, the fact that the defendant has no record of criminal punishment due to a drunk driving, and the defendant appears to repent his/her mistake);

1. Aggravation for concurrent crimes;

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