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(영문) 서울동부지방법원 2017.05.23 2017고정469
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On December 30, 2016, the Defendant driving a DNA observer car under the influence of alcohol content of 0.179% from the 11120-way to the road in front of C at around 21:15, 2016, as Gangdong-gu Seoul Metropolitan Government, with an alcohol content of 0.179%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from a dangerous driving) (the Defendant driving of the said observer car as a result of the border service on the day set forth in the preceding paragraph, and changed the lane to the left-hand side while driving the said observer car into the four-lane private distance range from the historical distance protection area in the above C’s direction.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by checking the right and the right of the front side.

At that time, the Defendant neglected to drive a car in a state where it is difficult for the Defendant to drive the car on a normal basis due to bad distance or smelling in the entrance, and neglected to do so, and operated the steering gear excessively without looking at the right and the right and the right and the right and the right and the right part of the victim F (39 years old) driving in the same direction depending on two-lanes of the victim F (39 years old) driving in the same direction while he was under the influence of alcohol, thereby incurring injury to the victim H (65 years old) who is the passenger of the above person, by taking approximately two-day medical treatment on the left part of the defendant's passenger car, such as chill dump and tension, which require approximately two-day medical treatment. The Defendant sustained injury to the victim H (65 years old), who is the passenger of the above person, by taking the part of the victim's car in front of the driver's car.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. Inquiries about reports on detection of drivers of drinking alcohol and the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Aggravated punishment of specific crimes as provided in the corresponding Article of the Act regarding criminal facts.

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