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(영문) 의정부지방법원 2017.03.28 2016고단4800
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. The Defendant is a person engaged in the duty of driving Bunclaimed cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On October 22, 2016, when the Defendant was under the influence of alcohol 00:10% during blood, and it is difficult to drive the said cargo with normal alcohol 0.18% while under the influence of alcohol, the Defendant driven the said cargo vehicle, and, at the south of the Gyeonggi Sea, the Defendant driven one lane out of the two lanes in front of the C in C in the direction of the Seouri-ri City.

Since there are many places where the passage of vehicles is frequent, the driver has a duty of care to safely drive the vehicle by checking well the right and the right of the driver.

Nevertheless, the Defendant, while under the influence of alcohol, went through without being negligent, and faced with the back part of the victim D (41 S) driving E, which was in the signal waiting at the bend of the bend, with the front part of the cargo vehicle of the above Defendant.

As a result, the Defendant suffered injury to the victim, such as catum salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.

2. The Defendant 1 driven Brocketing cargo vehicles under the influence of alcohol content of approximately 0.188% from the 1km section from the 1km section to the roads in the south-si, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Seoul Metropolitan City, to the roads in front of the Gyeonggi-do, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Traffic accident report, report on the circumstances of driving on drinking, and inquiry into the results of crackdown on drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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