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(영문) 의정부지방법원 고양지원 2018.02.22 2017고단3882
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

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

On November 11, 2017, the Defendant driven the said car under the influence of alcohol level of 0.223% during blood transfusion at around 17:20 on November 11, 201, and turned it bypassing it to the National Armed Forces C from the direction of Boyang-gu, Seoyang-gu to the military wall control hospital at the direction of the Boyang-gu.

At that time, the intersection where signal lights are installed and the yellow-off signal was occupied at the time, so there was a duty of care to check whether there are other vehicles while living well on the right and the right and the right and the right and the right and the right and the right and the duty of care to drive safely.

Nevertheless, the Defendant neglected to do so and did not discover the E SP car of the victim D (S. 52 years old) who entered the military wall hospital from the high distance distance due to the negligence of driving while under the influence of alcohol to the left, and did not find the above E SP car, and received the right part of the said SP car from the front part of the said SPP car.

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 sprinking sprinks, which requires approximately two weeks medical treatment, to the victim.

2. On November 11, 2017, the Defendant driving a B rocketing car under the influence of alcohol with approximately 300 meters alcohol concentration 0.223% from the 300m section of alcohol from the 300m section to the place of accident as stated in the above paragraph (1) at the Goyang-gu, Seoyang-gu, Soyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Traffic accident report, report on the circumstances of the driver placed in the main place, response to a request for appraisal, alcohol appraisal during blood, report on the detection of the driver placed in the main place, and medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning the crime (the act of causing bodily injury to the driving of danger) and the Road Traffic Act.

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