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(영문) 청주지방법원 2018.09.18 2018고정386
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle B with the highest driver's license in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On April 8, 2018, the Defendant driven the said car while under the influence of alcohol level of 0.172% from blood alcohol level around 23:25 on Apr. 8, 2018, and led it to the consular distance protection from the apartment room on the surface of the apartment site, regardless of whether it would prejudice the petition site C.

In such cases, the defendant engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and there was a duty of care to accurately operate the steering gear and brake system of the motor vehicle and to safely drive the motor vehicle by reporting it well and safely.

Nevertheless, the Defendant was negligent in the course of business due to negligence in which he neglected to drive in the front time while he is under the influence of alcohol and failed to properly operate the steering gear and operating the steering system, and caused injury to the victim D(23) of the instant vehicle operated by the Defendant, which was under the influence of the signal waiting in the front direction, due to the shock of the back part of the instant vehicle driven by the Defendant with the front part of the said vehicle driven by the Defendant, which was driven by the Defendant, for about two weeks in the front part of the said vehicle driven by the Defendant.

2. On April 8, 2018, the Defendant, while under the influence of alcohol at around 23:25, 2018, driven a 25km car from the roads near the Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun to the roads in front of the petition-gu, Cheongju-si, while under the influence of alcohol at 0.172%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report, a survey report on actual condition, a statement on the circumstances of the driver of a vehicle driving, a report on the results of regulating drinking driving, and an investigation report (a report on the circumstances of the driver of a vehicle driving);

1. Application of statutes on site photographs and diagnostic certificates;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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