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(영문) 수원지방법원 성남지원 2017.09.21 2017고단1636
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. On June 14, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol 01:58 on a 01:175% alcohol concentration in blood and led C to drive a motor vehicle and drive the motor vehicle on a three-lane road in front of the shooting distance in Sungnam-si, Sungnam-si, Pungnam-si, and drive the three-lane road along the same two-lane distance from the far distance in the ancient city.

At the time, there was an intersection where signal lights are installed at night and at the front, so in such a case, there was a duty of care to prevent accidents in advance by driving safely by reducing speed and by checking well the right and the right of the driver of the vehicle.

Nevertheless, the Defendant neglected to stop and proceeded along the two-lanes of the front line of the car of Defendant D(50) driven by the victim D(50) who was standing in the signal atmosphere at the two-lanes of the front line.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt pans, tensions, etc., in need of approximately three weeks of treatment.

2. On June 14, 2017, the Defendant was under the influence of alcohol 0.175% from blood transfusions around 01:58, the Defendant driven the said car at the section of approximately 9.1km from the front side of the Sungnam-gu Seoul Metropolitan Fungdong sperm to the long distance of village in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. A report on the situation of the drunk or the driver in charge;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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