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(영문) 서울동부지방법원 2017.03.31 2017고정315
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 November 20, 2016, the Defendant was under the influence of alcohol content of 0.136% during blood transfusion on November 22:18, 2016, and the Defendant driven B strawing car from the prosperity road located in Songpa-gu Seoul Metropolitan Government to 137-gilh 10, as Seoul Special Metropolitan City-gucheon-gu Incheon.

2. The Defendant, as seen above, had four lanes 137 Do 10, 137, as in the above-mentioned in the above-mentioned day border, proceeded along four-lanes from the area of the plaza shooting distance to the area of the Amsan Station, using four-lanes.

There are bus stops on the right side of the front door, and the victim C (56) is running ahead of it. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by maintaining a safety distance and accurately manipulating the steering and brakes.

The Defendant neglected to drive the bus in such a state that it is difficult for the Defendant to drive the bus in such a manner as they are under the influence of alcohol or shaking of walking, etc., thereby taking the back part of the above bus parked in the bus stops at the above bus stops as the front part of the Defendant’s passenger car and suffered injury to the Defendant, which requires approximately two weeks of medical treatment for the said victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident;

1. A paper of measurement of drinking alcohol;

1. A report on the detection of a primary driver;

1. A medical certificate;

1. A photograph of a closure;

1. Application of video CD-related Acts and subordinate statutes;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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