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(영문) 의정부지방법원 고양지원 2019.05.03 2019고단470
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 13 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B SP car.

On December 20, 2018, at around 21:50, the Defendant driven the said vehicle under the influence of alcohol with 0.116% of alcohol level 0.16%, and continued to drive the said vehicle in front of the Samyang-gu Samyang-ro 194 Samyang-ro, Goyang-gu, Goyangyang-gu, Samyang-gu, 194, and went to the right direction towards

At the time, since police officers were at night and were in charge of drinking control in front of the night, there was a duty of care to safely drive the steering gear and brakes by reducing speed and accurately manipulating the steering gear and brakes.

Nevertheless, under the influence of alcohol, the Defendant neglected to stop in order to control drinking, and due to the negligence of the police officer, even though the police officer demanded a stop to control drinking, and obstructed the course of the Defendant, the Defendant’s driver C (the age of 21) who led the Defendant to drive the vehicle on the left side of the direction of the Defendant’s proceeding.

Ultimately, the Defendant driven the said SP car in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as fluoral salt, which requires approximately two weeks of treatment to the victim.

2. The Defendant violated the Road Traffic Act (driving) driving a B SP car under the influence of alcohol with a level of about about 50 meters alcohol concentration of about 0.116% at the section of about 50 meters from the scopic scopic scopic scopic scopic scopic from the scopic scopic scopic scop

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the injury caused by dangerous driving) and the former Road Traffic Act.

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