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(영문) 의정부지방법원 2019.05.01 2019고단429
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

Where the defendant does not pay the above fine, he/she shall be 100.

Reasons

Punishment of the crime

1. Around 08:17 January 8, 2019, the Defendant was under the influence of alcohol with a blood alcohol content of about 0.113% from a section of approximately 7 km from the street in front of a non-permanent restaurant to the front day of the Council of the Government, from around 08:17, the Defendant driven C rocketinga car under the influence of alcohol with a blood alcohol content of 0.113%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving automobiles.

The Defendant, at the time of the temporary border stipulated in paragraph (1) above, proceeded at a speed of about 80km per hour from the surface of the scopical shooting distance to the scopical slope.

At the same time, there was a remote distance from which signals, etc. are installed at night, so there was a duty of care to make a person engaged in driving of a motor vehicle not to drive a motor vehicle under the influence of alcohol while it is difficult to drive a motor vehicle normally due to the influence of alcohol.

Nevertheless, the Defendant neglected to drive under the influence of alcohol as described in the foregoing Paragraph 1, and caused the panion to the front of the Esch Rexton vehicle driven by the victim D (V, 39 years old) who is under the influence of alcohol due to the negligence of driving while normal operation under the influence of alcohol, and caused the panion to the top of the Esch Rexton vehicle driven by the victim D (V).

As a result, the Defendant suffered from the Defendant’s negligence in the course of performing the same duties, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The photographs of a survey report, on-site photograph, and a black stuffe photograph;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 2 of the Road Traffic Act.

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