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(영문) 수원지방법원 2020.11.26 2020고단4425
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. The defendant is a person engaged in the driving of BK7 motor vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On May 8, 2020, the Defendant driven the above vehicle around 00:30 on May 8, 2020, led to the rapid progress of the high-speed tunnel in the vicinity of the Gyeonggi-si flood Zone C.

Since there is a road where the passage of a motor vehicle is frequent, there was a duty of care to safely drive the motor vehicle by checking the front, left, and well.

Nevertheless, the Defendant rhym and rhym under the influence of alcohol due to a large range of 0.141% alcohol, and rhym and rhym, etc., the Defendant d (W, 43 years old) driving Enb, which was driven in the front bank due to the influence of alcohol, and enbbbing the part of the Defendant’s driver into the front part of the said vehicle.

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

2. Around May 8, 2020, the Defendant violated the Road Traffic Act (driving) driving the said BK7 vehicle under the influence of alcohol content 0.141% while under the influence of alcohol at a section of about 5km from the influent area (hereinafter referred to as the “influence”) to the place indicated in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. A traffic accident occurrence report;

1. A report on the actual state of the driver;

1. Notice of the results of the drinking driving control and the record of drinking measurement;

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

1. Relevant 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 choice of fines for the crime;

1. The Criminal Act among concurrent crimes.

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