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(영문) 서울북부지방법원 2018.04.05 2018고단466
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

1. On November 24, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driving a BK5 car under the influence of alcohol around November 22:10, and driving the BK5 car at around November 24, 2017, and then, after Seoul Dobong-gu Police Station located at 11-lane 20, Seoul, Dobong-gu, Seoul, Seoul, the road was driven along one-lane from the opening of the road to the math from the opening of the road.

There are three-distance crossings to turn to the left, so in such a case, even though the person engaged in driving duty has an occupational duty of care to check whether there is a vehicle waiting for the signal signal, to properly operate the brake system, to prevent the accident from smoke, the Defendant was under the influence of alcohol and caused the Defendant to have the part behind the victim C's driving in order to keep the signal atmosphere by negligence.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, caused the victim to sculpatum to receive a confection in need of approximately two weeks of medical treatment, and at the same time, caused the victim E on the said rocketing and other vehicles to receive approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), the defendant, who was arrested in the act of committing an offense from G, etc. in the circumstances belonging to the Seoul Dobong Police Station, which was dispatched after receiving a report of 112 due to the accident referred to in the preceding paragraph, was arrested in the act of committing an offense from G, etc. belonging to the F District of the Seoul Dobong Police Station, and was transferred to the office of the Seoul Dobong Police Station H department in Seoul, and thereafter,

There is a reasonable reason to determine a person, who is requested to comply with the measurement of drinking by inserting the whole in a drinking measuring instrument, etc. from 22:44 to 23:24 on the same day, and was demanded to respond to the measurement of drinking on four occasions.

Nevertheless, the defendant avoid this and without any justifiable reason.

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