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(영문) 의정부지방법원 2017.11.24 2017고단2116
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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Defendant shall be punished by a fine of KRW 9,000,000.

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 motor vehicle by stopping D in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On March 29, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.144% on the bypass of national highways by a citizen of the Government-Si around 22:40 on March 29, 2017, and driven the said car in two-lanes from the fluence of the Government to the two-lanes.

A person engaged in driving service shall not drive under the influence of alcohol, and has a duty of care to prevent accidents in advance by accurately operating the steering direction and brake system.

Nevertheless, the Defendant driven in a state where it is difficult for the Defendant to drive the vehicle under the influence of alcohol in a normal condition, as seen above, while driving the victim E-driving vehicle on a two-lanes, received the back part of the left-hand part of the victim E-driving vehicle from the top-hand part of the said vehicle, and suffered injury, such as chills, tensions, etc., which require approximately three weeks medical treatment to the victim.

2. A violation of the Road Traffic Act (drinking driving) was driven by the Defendant, while under the influence of alcohol with 0.144% of alcohol concentration in blood at the time of the day specified in paragraph (1), at approximately 15 km to the front of an unclaimed restaurant near the Dongwon-dong, Howon-dong, Howon-si, the government, at the front of the said accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Each police statement protocol with respect to G and E;

1. Medical certificates (E);

1. Response to a request for appraisal, - Application of Acts and subordinate statutes of the blood alcohol appraisal report;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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