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(영문) 수원지방법원 성남지원 2017.04.27 2017고단402

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

1. The Defendant is a person who is engaged in driving a car at Benz.

On February 17, 2017, the Defendant driven the above car at a speed of 00:50, and driven from the underground vehicular road that is under way to the intersection of 00:0,000, one lane between the three-lanes.

At the time, at night, the road is bended by the two-lanes, and the victim C(50 years of age) driven by the two-lanes on the front side of the road, and therefore there was a DNA car, so there was a duty of care to reduce the speed of the vehicle to those engaged in driving business, observe the vehicle line, and prevent the accident in advance by safely examining the front side.

Nevertheless, the Defendant, while neglecting the influence of alcohol, neglected the two lanes, led to the front part of the Defendant’s vehicle, and led to the left part of the damaged vehicle, following the top part of the damaged vehicle.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and sustained injury, such as salt, tension, etc. of the trend that requires approximately two weeks of medical treatment, respectively, to the victim E (the age of 52) who is the passenger of the victim C and the damaged vehicle.

2. Around 00:50 on February 17, 2017, the Defendant driving a B-V car in the section of approximately 14.9km from the vicinity of the Anyang Integrated Athletic Complex in Ansan-si to the roads front of the Yansan-dong Hansan-dong Hamnsan-dong, Sungnam-si, with alcohol content of 0.104% under the influence of alcohol during blood at around 00:50.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reporting of a traffic accident (1) (2), reporting of the circumstances of the driver in charge, and notification of the results of regulating drinking;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing the site and vehicle photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving) with respect to the facts constituting the crime as prescribed in the corresponding provisions of the Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (referring to the act of drinking alcohol).