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(영문) 춘천지방법원 강릉지원 2017.01.10 2016고단1509
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 October 8, 2016, the Defendant driven CMW car under the influence of alcohol content of about 0.152% in a section of about 1km from the 1km to the roads near the Mazyi Mazine located in the Docheon-dong at the time of the East Sea to the lifelong learning hall located in the same Dong.

2. The Defendant is a person engaging in driving a vehicle with CMW in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On October 8, 2016, the Defendant driven the above car at around 05:25 on October 8, 2016, and driven the two lanes in front of the lifelong learning hall located in the Yecheon-dong in the East Sea at the time of the East Sea at the speed of about 60km from the direction of the fire fighting distance to the speed of about 60km.

In this case, the driver has a duty of care to safely operate the steering system by properly operating the steering wheel and steering system.

Nevertheless, the Defendant neglected this and was negligent in driving a motor vehicle under the influence of alcohol as above, and thereby receiving the back part of the victim D(50) driving E in the same direction as before Defendant D(50) driving in the same direction.

As a result, the Defendant, by negligence, suffered injury to the victim, such as salt ties, tensions, etc. which require approximately two weeks of medical treatment due to the influence of drinking, and injury to the victim F (F, 54 years of age) who was on board the said car, due to the negligence of driving a motor vehicle while normal driving is difficult due to the influence of drinking, such as brain dys, etc. which require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and photographs;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, and report on whether to drive any danger;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning criminal facts as provided in the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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