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(영문) 의정부지방법원 고양지원 2019.01.11 2018고정1115
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of BM5 vehicles.

1. Around September 19, 2018, the Defendant was driving the said SM5 vehicle under the influence of alcohol content of about 0.189% at a section of about 3km in the direction of alcohol 0.189% in the front of D in the same city, U.S.-dong, Mangyeong-gu, Mangyeong-gu, Mangsan-si from the street near the flown city of Mangsan-gu to the front of D. D. in the same city.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was driven by the above SM5 motor vehicle at the time and time set forth in paragraph 1, and the Defendant proceeded with the same lane from the port side of the Crd Road located in Manyang-dong, Manyang-do.

A person engaged in driving motor vehicles has a duty of care to maintain the distance from the motor vehicle ahead and to prevent accidents in advance by safely driving the motor vehicle in a safe manner.

Nevertheless, the Defendant neglected this and caused the 2nd part of the Defendant’s vehicle driving in front of the Defendant’s vehicle by negligence while driving a vehicle while the Defendant was under the influence of normal driving due to the influence of alcohol to the extent that it is unsatisfy, as described in paragraph (1).

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in the refrat of a refrat that requires two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A survey report on the actual condition of a traffic accident, photographs of an accident vehicle, and photographs of the accident site;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

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

1. Article 148-2(2)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018); Articles 148-2(2)2 and 44(1) of the Road Traffic Act (amended by Act No. 15981, Dec. 18, 201) regarding criminal facts; the choice of fines.

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