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(영문) 수원지방법원 성남지원 2019.05.17 2019고단918
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 20, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) runs a national highway No. 10 in Gwangju City, Gwangju City, and three times in the vicinity of the IC in Gyeonggi Mine Station, while driving a B earth car with blood alcohol concentration of 0.156% due to the influence of alcohol around 15:46 on March 20, 2019, and driving a two-lane.

While changing course to a two-lane, approximately 100.7km/h speed in excess of the limited speed, the course was proceeded to the male side.

At that time, its location is a 50km/h road with a speed limit of 50km/h, and in such cases, a person engaged in driving a motor vehicle has a duty of care to ensure that he/she should make a good report on the traffic situation, accurately handles the steering direction, brakes, etc., and safely drive the motor vehicle at a restricted speed to prevent accidents in advance

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the vehicle more than one lane and more than two lanes and operated beyond a limited speed. The Defendant followed the left side of the Ecoos car driven by the victim C(63 years old) prior to the two-lanes in the front direction of the Defendant’s car and shocked the part above the right part of the vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as finite finites in need of treatment for about two weeks.

2. On the date and time set forth in paragraph 1 of the Road Traffic Act, the Defendant driven a B-car car under the influence of alcohol leveling 0.156% of blood alcohol level from the street near the Gyeonggi-si Station to the street near the said Gyeonggi-si Station.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Images and field photographs after the closure of a course;

1. A traffic accident analysis and appraisal report;

1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driver, and notification on the results of the crackdown on drinking;

1. Reports on internal investigation and investigation reports;

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

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.

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