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(영문) 의정부지방법원 2018.02.21 2017고단5343

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a B MINI car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On October 4, 2017, around 04:45, the Defendant proceeded in two lanes between the two lanes, in the state of under the influence of alcohol content of 0.173% in blood on the front of the city of Speaker C, in the state of under the influence of alcohol content of 0.173% in blood.

A person engaged in driving service shall not drive under the influence of alcohol, have a duty of care to prevent accidents in advance by returning well the front door, maintaining a safe distance, and accurately manipulating steering and brakes.

Nevertheless, the Defendant, as seen above, was driving in a state where it is difficult to drive under normal conditions, such as a remote distance. The Defendant did not see the DK5 taxi stopped on the frontline for passengers getting off, and followed it. The Defendant suffered injury to the victim E, who is the passenger of the said taxi, such as dynasium, tension, etc. of the bones of wood that requires approximately two weeks medical treatment, and suffered injury to the victim F, who is the passenger of the said taxi, such as dynasium, tension, etc. for two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said car at a quantity of about 1 km to the point where the said accident occurred on the road front of the 1st Government Station, in the state of under the influence of alcohol content of 0.173% at the time of the day indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report on actual conditions;

1. Report on the occurrence of a traffic accident;

1. Field map of a traffic accident;

1. A written statement of the occurrence of each traffic accident by Defendant and E;

1. On-site photographs;

1. Statement of the circumstances of the driver involved in driving;

1. A written appraisal of alcohol during blood;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime (abreath of alcohol)