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(영문) 대전지방법원 천안지원 2017.06.29 2017고단922
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

The defendant is a person who is engaged in driving a motor vehicle by borrowing B.

1. On March 31, 2017, the Defendant driven the said vehicle under the influence of alcohol level of about 0.273% from the 2km section of the blood alcohol level from the 2km to the D restaurant located in the south-gu Seoul Metropolitan City, Seoan-gu, Seoan-gu., the Defendant was driving the said vehicle from around 02:29 to the 0.273% under the influence of alcohol level of the blood alcohol level.

2. On March 31, 2017, the Defendant driving the said vehicle under the influence of alcohol as stated in paragraph (1) around 02:29, and driving the said vehicle along the two-lanes in front of the said D cafeteria in the direction of the new distance from the right side of the two-lanes.

Since it is at night at the time, there was a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brakes for those engaged in driving of motor vehicles.

Nevertheless, while under the influence of alcohol, the Defendant neglected to stop on the right side of the Defendant’s driving direction, and instead neglected to stop on the Defendant’s driving direction, received the part front of the Defendant’s driving side of the victim E (62 ) rocketing taxi.

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to the influence of drinking, thereby resulting in injury to the victim, such as brain-dead in which there is no room for two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report;

1. Accident scene and photographs of related vehicles;

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

1. A written appraisal of alcohol during blood;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act shall apply, respectively;

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