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(영문) 의정부지방법원 2017.04.24 2016고단5610
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 who is engaged in driving a vehicle B K5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On December 1, 2016, the Defendant driving the above car at around 00:05, and driving it at the speed of about 60 to 70km in speed, depending on the two-lanes from the eastside of high-Eup to D apartment.

Since the location was an intersection with a signal, a driver of a motor vehicle shall not drive a motor vehicle while normal driving is difficult due to influence of drinking, and there was a duty of care to make sure that a driver of a motor vehicle has a duty of care to properly manipulate the traffic situation and prevent an accident by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant, while under the influence of alcohol, driven in a state where normal driving is difficult due to a negligent negligence in violation of the signal and brought to the left at the right intersection from the D apartment room to the left-hand turn in accordance with the e (61 ) of the victim E (61 ) who driven by the Defendant’s vehicle, sent to the right-hand side of the Funeteta car, which was driven by the Defendant’s vehicle in front of the right-hand side.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of medical treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking) driving the said vehicle under the influence of alcohol by 0.163% from the 2km section of approximately two kilometers from the 1st century to the place where the accident described in paragraph (1) 1 occurs, both at the time of Yang-si, Go-dong, Go-dong, Go-dong, Go-dong, Go-dong, Go-dong, Go-dong, Go-dong, Go-dong, Go-dong, Go-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

1. Each written statement of the defendant and E;

1. A traffic accident report;

1. Report on the occurrence of a traffic accident;

1. An accident scene photograph;

1. The circumstantial report of the driver in charge; and

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