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(영문) 수원지방법원 성남지원 2017.09.14 2017고단1913
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 the operation of B Lastren motor vehicles.

1. On June 23, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is under the influence of alcohol by 0.235% during blood transfusion on June 23, 2017, and lower the C-Wing road while driving the said rocketing car with the alcohol concentration of 0.235%.

From the side of high school, the direction towards the yellow Sgrari distance was proceeding.

At the time, there is an intersection where signal lights are installed at night and at the front, so in such a case, there was a duty of care to prevent accidents in advance by driving safely by reducing speed and by properly examining the front, rear and left and right of the driver.

Nevertheless, the Defendant was negligent in neglecting that, while stopping in the signal atmosphere from the front bank, and was driven by the victim D (the 60-year-old 60-year-old EK5-si that was driven by the Defendant as the front part of the car of the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in a state where it is necessary to treat the victim for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said rocketing car under the influence of alcohol with approximately 0.235% alcohol concentration in blood from the section of approximately 17 km from the Sinnam-si, Sinnam-si to the front of C in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report, investigation report (the situation report of the driver in charge), and response to a request for appraisal; and

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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