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(영문) 대전지방법원 천안지원 2018.12.21 2018고단2155
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a B rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

피고인은 2017. 12. 17. 18:04 경 혈 중 알콜 농도 0.139% 의 술에 취한 상태로 아산시 탕정면에 있는 미래 초등학교 앞 사거리 교차로를 트라 팰리스 방향에서 천안 방향으로 2 차로를 따라 진행하게 되었다.

Since there is a passenger car in front of the defendant's moving direction, there was a duty of care to thoroughly operate the front city and safely.

Nevertheless, the Defendant was negligent in driving a vehicle while under the influence of drinking so that it is difficult for the Defendant to drive the vehicle normally due to influence of drinking, and received the back part of the Defendant’s car in front of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. Around 18:04 on December 17, 2017, the Defendant driven a B rocketing car under the influence of alcohol content of about 0.139% at a distance of about 700 meters from the front convenience store of the underground shopping mall in the ASEAN-si, Isan-si to the intersection of the shooting distance in front of the future elementary school.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s written statement;

1. A traffic accident report;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

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 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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