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(영문) 의정부지방법원 2017.04.26 2017고단311
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

Where the above fine is not paid by the defendant, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of a vehicle B in high-speed string, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On December 23, 2016, the Defendant driven the above high-speed 1, while under the influence of alcohol content of 0.124% during blood transfusion, and continued three-lanes in Seoul on the west-si, Namyang-si, the 1037 Southern-si, and the three-lanes in front of the viewing of Namyang-si.

In such cases, a driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and there was a duty of care to make sure that the driver of a motor vehicle is well aware of the traffic situation and to prevent accidents by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive in a normal condition due to the Defendant’s negligence, and the part of the lower part of the DFX116 bus driving by the victim C (44 tax) who was in the front of the signal in the Defendant’s front bank was shocked into the front part of the left part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim C, such as salt, tension, etc. in a chill that requires approximately two weeks of treatment due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking) driving a vehicle under the influence of alcohol of about 2 km from the 404-14 gold railway station to the place of accident described in paragraph (1) at the time south-si, Geumyang-dong, Geumyang-dong, Geumyang-dong, Geumyang-dong, to the point of accident described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Report on the circumstances of driving under the liquor:

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant provisions of the Act concerning facts constituting an offense;

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