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(영문) 수원지방법원 성남지원 2017.10.12 2017고단2164
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 who is engaged in driving a B knife vehicle.

1. On July 7, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving the said van while under the influence of alcohol content of 0.162% in blood at around 08:10 on July 7, 2017, the Defendant driven the said van while driving the said van at a level of 0.162% in a level of alcohol level, and led to the two-lane 407 km away from the 5-lane road in Sungnam-gu, Sungnam-si.

Since this is an expressway, there was a duty of care to prevent accidents in advance by safely driving a person engaged in driving a motor vehicle by reducing speed and taking into account the front, rear, and left and right of the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded with the victim C (the age of 35) who was driving in the front section of the car of the Defendant, which was due to the negligence of the Defendant, and was driving in the front section of the car of the Defendant.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in the Defendant’s injury to the victim, such as light dump, which requires approximately two weeks of medical treatment.

2. On July 7, 2017, the Defendant: (a) driven a knife vehicle under the influence of alcohol content of about 22 km at the section of approximately 0.162% of alcohol content in blood, from the Suwon-si, Suwon-si to the point of 407 km-dong in Sungnam-si, Sungnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A traffic accident report (1) (2), an investigation report (2) (3) and an investigation report (3) No. 19;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) of the Road Traffic Act concerning criminal facts, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Selection of Punishment, etc.

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