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(영문) 수원지방법원 2020.12.11 2020고단5700
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is engaged in driving B;

Around 10:00 on August 4, 2020, the Defendant driven the above-mentioned vehicle and continued to drive the roads adjacent to the C, Osan City, from the D apartment room to the E University.

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 side and the left and right of the person engaged in the driver's duty.

Nevertheless, the Defendant neglected to drive normally due to influence of drinking such as red, rhythm, and so on, under the influence of alcohol while under the influence of alcohol, and did not see the front bank properly, and led the victim F (ma, 46 years old) who was standing in the signal atmosphere in the front bank due to negligence while driving in the front bank.

As a result, the Defendant suffered injury to the victim by occupational negligence during approximately two weeks of medical treatment.

2. On August 4, 2020, the Defendant: (a) driven a tea under the influence of alcohol with approximately KRW 300 meters alcohol concentration of 0.215% in a section from the scarf (hereinafter referred to as the “scarf”) to the places indicated in the preceding paragraph; (b) around August 4, 202, the Defendant driven the said car.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Reports on traffic accidents (1) (1) (report on the occurrence of traffic accidents), reports on the occurrence of traffic accidents, reports on the situation of a driver who is employed, reports on the criminal investigation, and reports on the results of the control of drunk driving;

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

1. Article 5-11 (1) (former part) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime caused by dangerous driving) concerning criminal facts, the former part of Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2

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