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(영문) 서울중앙지방법원 2017.07.19 2016고단7530
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

1. The Defendant is a person who is engaged in driving Category C rocketing cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On July 30, 2016, the Defendant driven the said car with a alcohol content of 0.172% at around 03:20, the Defendant, while under the influence of alcohol, while driving the said car at a normal time and driving on the roads in front of Gyeonggi-gun, Gyeonggi-do from the front side of the Dongcheon-Eup, caused a collision between the Defendant’s vehicle and the front side of the front part of the said person’s vehicle, thereby passing the said vehicle to the front side of the opposite part.

As above, the Defendant suffered injury to the victim E (26) of the same passenger in a situation where normal driving is difficult due to influence of drinking, such as salt, tension, etc. of the trend requiring approximately two weeks of medical treatment.

2. On July 30, 2016, the Defendant: (a) driven a rocketing car under the influence of alcohol with 0.172% alcohol concentration from the mutual influent restaurant in the Gyeonggi-gun, Gyeonggi-do to the point of the accident from around 5km to the point of the accident.

Summary of Evidence

1. Statements by the defendant in part of the court (as at the date of the eight public trial), and some statements by the defendant in the second public trial protocol;

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

1. A traffic accident report, a report on the occurrence of a traffic accident, and a report on the occurrence of a traffic accident;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Each investigation report (No. 24, No. 25 once a year);

1. A written diagnosis of E;

1. Application of Acts and subordinate statutes (No. 14 once a year) to an accident scene photograph;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving) concerning the crime, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each alternative fine for punishment (the amount of alcohol concentration among the blood of the defendant at the time of the accident is considerably high, and the central separation unit is collision, and then the opposite part is the vehicle.

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