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(영문) 의정부지방법원 2017.04.26 2017고단408
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle B with a certain amount of driver car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On December 8, 2016, when the Defendant was unable to drive normally while under the influence of alcohol 0.155% in blood at around 23:05, the Defendant driven the said car at the same time, and driven one lane out of the two-lane intersection in front of C in the southyang-si, Namyang-si, the Defendant driven the said car at the direction of the south police station.

At the same time, since the signal lights are installed, the driver has a duty of care to care for the person engaged in driving service well, and to safely operate the car in accordance with the signals.

Nevertheless, the Defendant neglected to stop driving of the said vehicle by driving the said vehicle by avoiding the police officer’s drinking control, and proceeded as it is, by negligence, while driving the vehicle while the vehicle is a red signal, and shocked to the left from the right side of the driving direction of the Defendant at the time, the front part of the driver’s seat of the victim D(47(S) driving on the left left at the right side of the vehicle of the Defendant at the time.

Ultimately, the Defendant suffered injury to the victim, by negligence in the above business, due to the injury of sugars, etc., which does not have any wound in two common areas, which requires an open treatment for about two weeks.

2. On December 8, 2016, the Defendant: (a) driven a B Pool car in the state of alcohol alcohol alcohol level of 0.155% from a section of about 1km from the 631km to the road from the 656-day south-ro, Southern-ro, Namyang-si, Nam-do, Namyang-do; (b) around December 23:05, 201, the Defendant driven a B Pote car in the state of alcohol level of about 0.15%.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. Report on the circumstances of driving under the liquor:

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. An accident scene photograph;

1. Inquiries about the results of crackdown on drinking driving;

1. The application of the law of the medical certificate.

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