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(영문) 의정부지방법원 2017.04.18 2016고단4963
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of B Poter trucks in violation of the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from Risk Driving).

On November 11, 2016, the Defendant, while under the influence of alcohol at around 02:00, while driving the above cargo with a normal driving of 0.147% while under the influence of alcohol, was driven by the Defendant, while driving the above cargo, at the southyang-si, Seoyang-ro 97-ro 2, Namyang-ro, Nam-dong, Namyang-dong, the Defendant proceeded with one lane near the three-distance intersection of the bank in front of the South Korean bank, from the apartment on the side of Jindo apartment.

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, neglected to stop in front of the Defendant’s vehicle, she shocked the part of the victim C(59) driveed in front of the Defendant’s vehicle into the front part of the Defendant’s cargo vehicle.

Ultimately, the Defendant suffered injury to the victim, such as cerebral salins, which requires approximately two weeks of medical treatment due to the above occupational negligence.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven the above B Poter Cargo in the state of alcohol alcohol concentration of about 0.147% from the 50-meter section from the front side of the 197-ro Dondong Dondong-Eup, Chungcheongnam-do, Chungcheongnam-do, Seoul, to the front side of the Dondong-ro 97-ro Dondong-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The actual survey report and on-site photographs;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

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

1. Article 5-11 (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the selection of fines concerning the crime;

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 53 and 55 of the Criminal Act for mitigation of amount;

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