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(영문) 수원지방법원 안산지원 2018.03.23 2018고단211
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a car at the fourth time.

1. On December 8, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) operated the said Neas-si car trial zone, which was parked in the two-lanes of the two-lane 78 Ga-dong, Dong-dong, Dong-dong, Ansan-si, a member of Ansan-si around 01:31 on December 8, 2017.

At the same time, there was a duty of care to prevent the collision with the vehicle driving service in advance of the victim C (the 49-year-old driver) driver's car at the time, so the driver of the vehicle was at the same time stopped, so the driver of the vehicle had a duty of care to prevent the collision with the vehicle driving.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive normally and neglected to do so, and caused the damage to the part prior to the Defendant’s car at the No. N.N. car, which led to a shock of the damaged part prior to the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in a shoulder pipe that requires approximately two weeks of medical treatment due to the above occupational negligence.

2. The Defendant, in violation of the Road Traffic Act, driven the said NAS car under the influence of alcohol level of 0.187%, by driving around approximately 30 cm at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of accident vehicles;

1. Relevant legal provisions and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning criminal facts, the traffic Act and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of driving alcohol), the choice of fines for negligence (the high alcohol concentration during blood, the defendant's attack against the truth, and a fine of 20,00 won due to a violation of the Road Traffic Act in 190.

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