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(영문) 의정부지방법원 2019.01.09 2018고단4484
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 14, 2018, at around 08:30 on September 14, 2018, the Defendant driven a B-hand motor vehicle with a blood alcohol concentration of about 0.171% while under the influence of alcohol without obtaining a driver’s license from the road front of the mutual non-sing shop located in the Seoul Off-gu Seoul off-gu, to the road near the Taeyang-dong-gu, Namyang-gu, Namyang-gu.

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 the above high automobiles;

As above, the Defendant, without obtaining a driver's license as above, driven a motor vehicle with the highest level of alcohol, and continued to drive a three-lane road near the entrance of the Seoyang-dong at the Namyang-si, Namyang-si, at a speed of about 60 km.

At the time, the defendant was behind the victim C(n, 51 years old) driving in the same direction, and therefore, the driver of the motor vehicle has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as accurately operating the steering wheel and brake system, securing a sufficient safety distance, and driving the motor vehicle with the driver's duty of care.

Nevertheless, the Defendant received the rear part of the victim's vehicle from the victim's driver's vehicle due to the negligence of the Defendant's driving in which it is difficult to drive the vehicle normally due to the influence of drinking.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs and intensity;

1. Making a report on the control of drinking driving;

1. A written estimate of the cost of underwriting insurance;

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

1. Criminal facts;

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