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(영문) 수원지방법원 성남지원 2016.11.10 2016고단2707

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Around 00:55 on July 31, 2016, the Defendant was driving a B-low driver’s vehicle under the influence of alcohol by approximately 20km in the section of about 120km from the roads near the Kungdong-gu, Gyeonggi-si, Gyeonggi-si to the roads near the Gungdong-gu, Gyeonggi-si, Seoul, to the roads near the 128km upstream line of the Kannam Expressway Highway, and while under the influence of alcohol by 0.213%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to move along the two-lanes between the two-lanes on the CheongTool-Tool road and the two-lanes on the Cheongol-Tool Highway, as set forth in Paragraph 1, while driving the lutool car and the luto-do motor vehicle as set forth in paragraph 1.

In such cases, the driver of a motor vehicle has a duty of care to make a change of course by operating direction direction, etc. to give notice of change of course, and to change the vehicle line in the situation of the front and rear left-hand.

Nevertheless, the Defendant neglected to do so and instead received the part on the right side of the DNA car driven by the injured party C (Nam, 53 years old) who was driven by the victim C (Nam, 53 years old) who changed the vehicle while under the influence of alcohol with the blood alcohol concentration of 0.213%, which is the degree that the walking is inaccurate and inaccurate.

As above, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as light salt, which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The application of Acts and subordinate statutes to the traffic accident report, traffic accident report, each photograph, video CD, the situation of a driving by drinking, the notification of the results of the drinking driving control, and the medical certificate;

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime.