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(영문) 의정부지방법원 2018.06.26 2018고단1398
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On April 9, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) (hereinafter “Aggravated Punishment, etc.”) driving a DNA-learning car with alcohol concentration of 0.113% in blood while under the influence of alcohol on the roads in front of the C cafeteria located in the Gyeonggi-si, Yangju-si, Yang-si.

At the time, there are many parked vehicles, and thus, in such a case, there was a duty of care to properly manipulate the steering direction and brake system and prevent accidents in advance if pedestrians appear as a driver is well examined.

Nevertheless, under the influence of alcohol, the Defendant did not see the Victim E (51) who was on the right side of the parked vehicle and did not immediately proceed, and caused the Defendant to have the victim go on the right side after the Defendant’s fright-hand car and the Defendant’s fright-hand car and fright the victim between the parked vehicle and the Defendant’s fright-on car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in a state where it is necessary to treat the victim for about two weeks.

2. Around April 18, 2018, the Defendant violated the Road Traffic Act (breathing) driven a DNA-learning car under the influence of alcohol with approximately 50 meters alcohol concentration of 0.113% from a section of about 50 meters from the sowing-si to the front road of the C cafeteria located in Yangju-si B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reports on traffic accidents, reports on the scene of accidents, photographs of the scene of accidents, and notification of the results of crackdown on 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 (referring to the injury or injury caused by a dangerous driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime shall be punished by a fine;

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