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(영문) 의정부지방법원 2017.01.19 2016고단3853
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a motor vehicle B, who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On July 15, 2016, the Defendant driven the above vehicle while under the influence of alcohol level of 0.181% among the blood transfusion around 23:50 on July 15, 2016, and proceeded to the right left right-hand turn from the side of Seoul at the right-hand distance of the 8:5 lane at the end of Gyeonggi-ri, the 8:5 lane at the end of Gyeonggi-do.

At the time, since it was at night and there was an error in rain, there was a duty of care to prevent accidents in advance by properly operating and safely operating steering gear and brakes in a manner that well sees the front door.

Nevertheless, in order to make a left-hand turn due to negligence while under the influence of alcohol, the Defendant received a part of the back-hand part of the victim C(51) driving DMW car, which was stopped, as part of the Defendant’s vehicle.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving of the motor vehicle is difficult due to influence of drinking, and suffered from the victim E (the victim E (the victim E) who was on board the above damaged motor vehicle for about two weeks in need of a two-day medical treatment, respectively, for approximately two-day medical treatment.

2. Around 23:50 on July 15, 2016, the Defendant driven a motor vehicle B in the state of alcohol leveling 0.181% of alcohol level in the section of about 8km from the front of a mutual influent restaurant located in the Dong-gu Seoul Special Metropolitan City, Gwangjin-gu to the front day of the Gyeonggi-gu 8top three-dimensional street.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. A survey report on actual condition, and photographs of an accident vehicle;

1. Notice of the result of regulating the driving of alcohol and the application of Acts and subordinate statutes of a report on the driver's circumstances;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provisions of the Act.

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