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(영문) 춘천지방법원 2021.01.21 2020고단1037
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. Around 02:40 on July 8, 2020, the Defendant was under the influence of alcohol content 0.158% during blood transfusion, and the Defendant driven a 12 km car from the front Do of Gangwon-si, Gangwon-do, Gangwon-do, Gangwon-do, Gangwon-do, to the road before the river of Gangwon-do, Gangwon-do.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) driven a nived motor vehicle with alcohol concentration of 0.158% during the day set forth in paragraph (1) with the influence of alcohol level of 0.158% during the influence of alcohol at the time, and led to the driving of the nived motor vehicle B, Gangwon-do, Gangwon-do, the road prior to the Gangwon-do river toward the New North Eup.

At the time, there was a water supply and sewerage construction section at night and at the front, so in such a case, there was a duty of care to prevent traffic accidents and operate safely by thoroughly operating the steering system to the person engaged in driving of the motor vehicle, and by accurately operating the steering system.

Nevertheless, under the influence of alcohol, the Defendant was unable to accurately operate the steering gear under the influence of alcohol such as a string distance, which was installed at the front of the water supply and sewerage construction site.

As a result, the Defendant suffered from the injury of the victim E (V, 21 years old) who was accompanied by the said car due to the above occupational negligence, such as a brush in need of treatment for about 8 weeks.

Summary of Evidence

1. Report on the occurrence of a traffic accident by Defendant’s statutory statement, the actual condition investigation report, and the scene photograph of the accident;

1. Inquiry of police seizure records, list of seizure, and report on whether to drive a dangerous certificate, and the results of regulating drinking;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 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;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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