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(영문) 의정부지방법원 2017.01.19 2016고단3750
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-learning car.

On June 30, 2016, the Defendant driven the said car under the influence of alcohol level of 0.162% among blood alcohol level around 22:50 on June 30, 2016, and led to turn to the left at the entrance of the apartment at the high-dong, Gyeonggi-do at Yangju-si at Yangju-si in Gyeonggi-do, one-lane road in front of the three-lane distance of the entrance of the apartment at the high-dong, Momo-dong apartment at the entrance of Hyundai Amak apartment.

At this point, since the road width is one lane at the entrance of apartment buildings with narrow road width, the driver of the vehicle has a duty of care to thoroughly operate the steering system and the steering system in a way that the driver of the vehicle is on the front side and the right side side side side side side.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim C(60) who was driven at the entrance of the apartment at the entrance of the apartment, due to the negligence of neglecting to turn to the left, and was driven by the victim C(60).

As a result, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as brain-dead sugar with no head open in need of treatment for about two weeks, and injury to the victim E (V, 48 years old), who is the passenger of the victimized vehicle, to whom no head open in need of treatment for about two weeks is available.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

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;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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