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(영문) 의정부지방법원 2018.11.27 2018고단3951
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 August 23, 2018, the Defendant: (a) driven a DNA cargo vehicle under the influence of alcohol by 0.140% from the 165K section to the 1.5 KK section of approximately 1.5m alcohol concentration in blood, from the 1655m to the c front distance, at around 18:00 Geumwon-gun, Songwon-gun, Songwon-gun, Songwon-gun.

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

Defendant 1, while drinking alcohol content of 0.140% during the blood transfusion at the above day, rhythm is rhym in a state of speech and behavior. The entire face of the Defendant 1, with red blood color, has driven the above cargo vehicle while having difficulty in driving normally due to influence of drinking, such as a string-distance, and proceeds from driving the said cargo vehicle in front of Gangwon Hawon-gun C at the direction of the 7-11st head of the Dong-ri-ri-ri-ri-ri-ri.

At this point, there is a cross-road in a sloping-type village without traffic signals, so in such a case, a person engaged in driving a motor vehicle has a duty of care to reduce the speed and drive the motor vehicle in a safe manner by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected to do so while driving on the right-hand side of the running direction by the negligence of the Defendant, and led the victim E (e.g., the 51 years old) who entered the road into the intersection, to the right-hand side of the Defendant’s vehicle, followed by the front right-hand side of the Defendant’s vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tensions, etc., which requires two weeks of medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigative report, on-site photographs, inquiry of the results of crackdown on drinking driving, investigation report (report on the circumstances of the driver in charge of driving), and automatic calculating formula with marks;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act concerning facts constituting an offense;

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