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(영문) 의정부지방법원 2018.01.24 2017고단4634
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a sealed truck B.

On August 17, 2017, the Defendant driven a cargo vehicle with a alcohol content of 0.160% while under the influence of alcohol during blood around 08:50% on August 17, 2017, and, on Guri-si, the road of 31.3 km away from the 32-lane of the outer expressway of Seoul and the 31.3km away from the offline, the Defendant proceeded along three-lanes along the GuriIC on the side of the Gri-riIC.

In such cases, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle by checking well the right and the right of the front side of the motor vehicle, when it is likely to impede the normal traffic of other motor vehicles in the direction of change in the course of change.

Nevertheless, the defendant neglected this and caused the change of course from the three lanes to the four lanes, and caused the collision between the left-hand part of the DNA car driven by the victim C(Y, 44 years old) of the same direction and the top-hand part of the DNA car driven by the victim C(C) of the same direction, and caused the collision with the top-hand part of the vehicle driven by the defendant, and caused the collision to the front-hand part while the damaged vehicle is sealed to the right-hand part.

As a result, the Defendant suffered injury, such as cryp salt, dump dump, and so on, the above victim by negligence in the course of performing duties, which require approximately two weeks of medical treatment, while driving a motor vehicle normally due to influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The actual survey report of each traffic accident;

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

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

1. A medical certificate;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) regarding the crime, and Articles 148-2 and 144 of the Road Traffic Act.

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