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(영문) 대전지방법원 천안지원 2019.03.29 2019고단29
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 6 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 violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and is engaged in driving automobiles.

On October 05, 2018, at around 06:25, the Defendant driven the said vehicle while under the influence of alcohol of 0.17% 0.17%, and proceeds in the direction of a pair of lanes from the two-way direction, the Defendant was in a situation where it is not easy to keep the surrounding lighting at night at the time to secure the two-way direction, and there is a vehicle in the signal signal in the intersection. In such a case, the Defendant, who is engaged in driving, has a duty of care to accurately operate the steering direction, brakes, and other devices of the vehicle, to care the front side and the left side and the left side of the vehicle, to prevent the accident from spreading.

Nevertheless, the Defendant’s negligence of driving while under the influence of alcohol while normal driving is difficult due to the influence of alcohol, which led to the Defendant’s failure to drive, and the part behind the victim E(58 years old)-F-II cargo vehicle in the direction of the running of the Defendant’s driving vehicle was carried out as the left-hand part of the Defendant’s driving vehicle.

After all, the defendant driving a car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered approximately two weeks of treatment to the right side in need of treatment.

2. On October 05, 2018, the Defendant violated the Road Traffic Act (driving) around 06:25, the Defendant was under the influence of alcohol with a blood alcohol content of about 0.177% from the 4km section of approximately 0.177% from the 06:25, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu to the front roads located in Dong-gu, Dong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. Report on the circumstantial statements and investigation report of the employer (report on the circumstances of the employer driver);

1. A medical certificate;

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

1. Criminal facts;

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