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(영문) 수원지방법원 안산지원 2018.09.12 2018고단1883
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a Category B car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On April 21, 2018, around 11:55, the Defendant came to run the front road C at the entrance distance of D apartment at the seat of a wooden bank, with one-lane of alcohol content of 0.233% in blood, depending on one-lane of 3 lanes.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front side and the left side and the left side and the steering system.

Nevertheless, the Defendant, while being unable to drive normally due to influence of drinking, has negligently driven a vehicle while neglecting the above duty of care and has conflicted with the latter part of Fbenz S350 vehicle of the victim E (56 ) driving that was driven on one lane by negligence with the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant suffered from each injury to the victim G (51) who was on the top of the operation of the victim E and the said benz’s car due to the above occupational negligence, due to the injury of the victim G (51) who was on the top of the operation of each of the two weeks, where there is no room for treatment for each of the two weeks.

2. On the date and time set forth in the above paragraph 1, Defendant 2 driven B ma-car while under the influence of alcohol content of about 0.233% at the section of about 20km from the International High School parking lot located in Seongbuk-gu Seoul Metropolitan Government H to the place of accident described in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Each written diagnosis of E and G:

1. A survey report on actual conditions, a traffic accident occurrence report, and a statement on the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to accident scene and vehicle photographs;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1.Article 40 of the Criminal Code of Trade and Trade.

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