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(영문) 수원지방법원 성남지원 2017.03.16 2016고단3591

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

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

Reasons

Punishment of the crime

1. On September 28, 2016, the Defendant driving a B SP car under the influence of alcohol content of 0.167% in the shape of alcohol while under the influence of alcohol, from around 02:15, the Defendant driven a B SP car in the shape of alcohol content of at least 2km from the upstream of the Mannam-si (SP) to the same southwest-si to the 70-west long-distance front road.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) the Defendant driven the said car at the time and time set forth in paragraph 1, and driven the said car along the one-lane one lane, one-lane, one of which is the front of the solar distance set forth in paragraph 1, using the road front of the solar altitude set forth in paragraph 1, from the shot-distance flood protection area of carbon.

Since there is an intersection where a red on-and-off signal is installed, in such a case, the driver of the motor vehicle has a duty of care to temporarily stop in the stop line and drive the motor vehicle while keeping the right and the right well, to prevent the accident from occurring.

Nevertheless, the Defendant neglected to do so and entered the intersection with alcohol content of 0.167% in the blood with red red, and went through the intersection from the left side of the Defendant, and went through the intersection from the right side of the Defendant, and received even the front part of the Defendant’s vehicle.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as dump dump, tension, etc., by driving the motor vehicle for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes to traffic accident reporting, related photographs, alcohol report out of blood, diagnosis report (Evidence List No. 21);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act, respectively.