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(영문) 수원지방법원 성남지원 2019.05.09 2019고단543
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by a fine not exceeding 12 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B rocketing car.

On February 5, 2019, at around 02:10, the Defendant driven the said rocketing car with the blood alcohol concentration of 0.216%, while under the influence of alcohol on February 5, 2019, and led the front distance in front of the C Apartment at the Hanam-si Residents' Center.

At the same time, since it is an intersection where a signal is installed at night, there is a duty of care to prevent accidents by reducing speed to the person engaged in the driving of motor vehicles and properly manipulating the brake system by properly operating it in accordance with the new code.

Nevertheless, the Defendant neglected to do so and was negligent in driving at the front of the instant B (the age of 63) drive E QM6 vehicle back to the victim D (the age of 63) who was in the atmosphere of the signal at the front.

As a result, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as dump, tension, etc., by driving the said rocketing car, which requires approximately two weeks medical treatment.

2. The Defendant, while under the influence of alcohol 0.216% at the time and time set forth in paragraph (1) of the Road Traffic Act, was driving the said rocketing car at a section of about 500 meters from the Hanam-si apartment to the place set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. A medical certificate (D);

1. A written appraisal of blood alcohol;

1. The survey report on the actual condition, the survey report on the status of the driver, the investigation report on the status of the driver, and the circumstantial report;

1. Application of statutes on site photographs;

1. Article 5-1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the injury caused by dangerous driving) and Article 148-2 (2) 1 and

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