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(영문) 대전지방법원천안지원 2020.11.25 2020고단2612
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

1. Around 00:36 September 1, 2020, the Defendant driving a DNA SM5 vehicle under the influence of alcohol with a blood alcohol concentration of 0.160% at the 15km section from the Do in front of the Chungcheongnam-gun budget-gun to the roads in front of the Asia-si, Chungcheongnam-si.

2. The defendant is a person who is engaged in driving of DSS5 motor vehicles.

The defendant operated the above motor vehicle around the time specified in paragraph (1) and proceeded with one lane of the fourth line road of the national highways No. 21 around Asan-si, Asan-si, at a sloping speed from the side of Asan-si to the tent.

At the time of night, there was a duty of care to prevent accidents in advance by driving a person engaged in driving of a motor vehicle by taking the front door and left door well.

As stated in Paragraph 1, the Defendant’s negligence in the course of driving a motor vehicle while driving the motor vehicle while normal driving is difficult due to the influence of alcohol to the extent that the horses are able to be able to breath and that the walking is unbread with the back portion of the victim E (the age of 25) driving driven in the same direction as that of the Defendant’s driving direction.

As a result, the Defendant suffered injury, such as salt dynasium, tension, etc., in which the number of days of treatment cannot be known to the victim by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the situation of a drinking driver), records of the emergency room on the result of the control of drinking driving, and DNA tor;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and the choice of imprisonment

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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