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(영문) 의정부지방법원 2017.07.25 2017고단1196
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

1. On March 3, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (hereinafter “Aggravated Punishment, etc.”) led to the speed of about 20km at a speed of about 10km in the direction of right-hand in the right-hand direction by driving B rocketing car under the influence of alcohol concentration of 0.11% during blood while under the influence of alcohol level 0.11%.

At the time, it is night and is a side, so in such cases, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle after properly operating the steering system and properly checking the vehicle coming from the opposite part.

Nevertheless, the Defendant neglected this and got off the front part of the said car driving by the Defendant, even the victim C (Woo 68 years old) who was driven by the opposite part due to negligence, which caused the Defendant to neglect her face while under the influence of alcohol to the extent that she is red and walked.

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, and suffered injury to the victim, such as salt dynasium in need of treatment for about two weeks.

2. Around March 21, 2017, the Defendant violated the Road Traffic Act (drinking) driven B rocketing car with approximately 1.11% alcohol concentration in the direction of a 0.11% in alcohol at the distance of about 1.2 Km to the front of a luminous church located in approximately 609 marn, in the vicinity of 65 mix, from a luminous-ro, a luminous-ro, a luminous-ro, a luminous-ro, a luminous-ro, which was located in the vicinity of 609.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report and a statement showing the circumstances of the driver who takes charge of the relevant driving;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2(2)2 of the Road Traffic Act.

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