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(영문) 수원지방법원 2017.11.23 2017고정2774
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. The Defendant is engaged in driving a vehicle B, 300C, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On July 9, 2017, the Defendant driven the above vehicle under the influence of alcohol concentration of 0.196% in blood at around 09:00, and driven the front side road in Suwon-si C in Suwon-si, the right line post office direction to the deep speed in the direction of filial length.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant, while neglecting this, was parked after shocking the front driver of the F Kaman-Jon vehicle in the victim E (Nam, 35 years old) who discovered and stopped the Defendant’s driver’s vehicle while driving the vehicle.

Genz B200 the left-hand side of the vehicle was shocked by two lanes.

As a result, the defendant suffered from the injury to the above victim E by negligence in the course of performing his duties about two weeks of light fluorites and fluoral salt.

2. The Defendant violated the Road Traffic Act (drinking driving) operated B 300C vehicles with alcohol concentration of 0.196% in blood at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of E;

1. A survey report on actual conditions;

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

1. Notification of the results of regulating the driving of drinking and the measurement of drinking;

1. Field photographs, etc.;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines;

1. The aggravated Criminal Act for concurrent crimes.

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