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(영문) 수원지방법원 성남지원 2018.04.26 2018고단43

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in B SP area.

1. On November 25, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a motor vehicle with alcohol concentration of 0.110% in blood at around 20:40, while under the influence of alcohol on November 25, 2017, and led to the driving of the said motor vehicle along the two-lanes between the two-lanes from the right edge of the front road in Gwangju City to the right edge of the road in front of Gwangju City.

At the time, there was a place where the center line of the yellow-ray was installed at night, so in such a case, there was a duty of care to reduce the speed to those engaged in driving business and to safely drive the car well and prevent the accident in advance.

Nevertheless, the Defendant neglected this and proceeded along as it is, and the victim D(42) who was driving in one lane due to the negligence of the central line, was shocked into the front part of the E-learning Motor Vehicle operated by Defendant D(42).

As a result, 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 approximately two weeks medical treatment, to the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a motor vehicle in the state of alcohol alcohol concentration of about 0.110% in the section of about 5 km from the Defendant’s dwelling place in Gwangju City to the place in paragraph (1).

3. Despite the fact that a motor vehicle not covered by mandatory insurance for violating the Guarantee of Automobile Compensation Act is prohibited from being operated on the road, the Defendant, at the temporary border as set forth in paragraph (1), driven the motor vehicle in the above SP area, which was not covered by mandatory insurance from about 5 km to the place as set forth in paragraph (1) on the front of the Defendant’s dwelling place located in Gwangju City F, Gwangju.

Summary of Evidence

1. The defendant's statement in court;