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(영문) 수원지방법원 평택지원 2018.05.03 2017고정774
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On October 3, 2017, the Defendant driven the above vehicle while under the influence of alcohol content of 0.156% from the blood alcohol level around 18:00 on October 3, 2017, and turned back the front of the shooting distance from the west-ro of Pyeongtaek-si to the right edge of the west-ro.

Since there are many places, there was a duty of care to prevent accidents in advance by driving a person engaged in driving of a motor vehicle with a view to the right and the right of the motor vehicle and driving safely.

Nevertheless, the Defendant neglected this and went into operation on the right side of the road of the Defendant’s driving direction by negligence, and received the part of the victim C(61)’s driving car in front of the left side of the victim C(61) driving car, which was waiting to the right side of the Defendant’s driving direction.

As a result, the Defendant driven a vehicle in a state where normal driving is difficult due to alcohol, and suffered injury, such as salt dynasium, which requires approximately two weeks of treatment, to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on the occurrence of a traffic accident and photographs at the scene of accident;

1. Report on the results of regulating drinking driving, and investigation report;

1. Application of the 112 Report processing table, diagnosis certificate, and written estimate under the statutes;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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