(영문) 수원지방법원 성남지원 2019.10.18 2019고단1761

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(영문) 수원지방법원 성남지원 2019.10.18 2019고단1761

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was under the influence of alcohol at around 23:19, on June 20, 2019, while it was difficult to drive normally due to the influence of alcohol 0.155% due to the influence of alcohol, such as fluence of alcohol, snow snowing, etc., but, by driving Bol XG car, the Defendant was driving a car at the speed of speed from E to F in the speed of speed.

Since there is a center line of yellow solid lines, in such a case, there was a duty of care to safely drive a motor vehicle with the duty of care to keep the car line in a safe manner by thoroughly driving the motor vehicle on the front side and reducing speed.

Nevertheless, the Defendant neglected to go under the influence of alcohol and went on the opposite lane due to occupational negligence beyond the center line, and went on on the opposite lane by occupational negligence (the age of 41). The front part of the H bargaining car driven by the victim G (the age of 41) was the front part of the said franchise XG car, and pushed the said feling car behind approximately 5 to 6 meters behind the said flading car, which followed the said flading car, followed the said flading car. The Defendant followed the right side part of the IF car to the right side of the franchise XG car and fell into the road side ditches.

Accordingly, the defendant suffered injury to the above victim, such as salt, tension, etc. of the bones of trees requiring medical treatment for about three weeks.

2. The Defendant violated the Road Traffic Act (driving) driving the said car from around 1 km to the point of the said accident, while under the influence of alcohol 0.15% of the blood alcohol level at the time of paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual survey report on traffic accidents;

1. Each photograph;

1. 112 reported statements;

1. Reports on internal investigation and investigation reports;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. Inquiry into the enemy;

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

1. Specific crimes provided for in the relevant Act regarding criminal facts.

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