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(영문) 의정부지방법원 2017.11.15 2017고단3824
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 who is engaged in driving a B non-plow-land car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On July 26, 2017, the Defendant driven the said car under the influence of alcohol level of 0.157% from blood alcohol level around 16:25 on July 26, 2017, and led to a speed of about 40 kilometers per hour at a speed of about 40 kilometers from the long distance at the end of the Guri-si, on the three-lane road in front of the Guri-si, while driving the said car at a speed of 0.157%.

Since there are frequent traffic of vehicles, the driver of the vehicle has a duty of care to prevent accidents by driving the vehicle safely by thoroughly performing the duty of front-way and right-hand and right-hand driving and operating the steering system accurately.

Nevertheless, under the influence of such drinking as above, the Defendant driven the said non-owned car in a situation where it is difficult for the Defendant to drive the car in a normal condition, and was driven by the victim D(35 ) who was parked in a stop for the signal waiting at one-lane in the direction of the driving, thereby suffering from the injury of the victim, such as the salt panion in the necessary 2-day trend, which requires approximately two weeks medical treatment to the left-hand part of the said non-owned car.

2. On July 26, 2017, the Defendant driven a bstop car under the influence of alcohol content of approximately 0.157% from a 14-meter section from the stong-dong agro-fishery literature market located in Songpa-gu Seoul Metropolitan Government to the front road of the Gurisi-si, Seoul Metropolitan Government.

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 written statement on the occurrence of D traffic accidents;

1. The actual investigation report on traffic accidents;

1. Report on the occurrence of a traffic accident;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

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

1. Table applying standards for special cases to violations of the Acts;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act concerning facts constituting an offense;

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