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의정부지방법원 2017.06.21 2017고단1040
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 13,000,000.

If the defendant does not pay the above fine, 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 C in high-priced vehicle.

On January 1, 2017, the Defendant, while under the influence of alcohol 01:30% during blood, was driving the above vehicle at the 11-7 long-distance intersection in Yangju-si, Yangju-si, thereby making the left turn to the right direction in the direction of virtue in the direction of the first apartment of TS.

A person engaged in driving service has a duty of care to prevent accidents by accurately operating the steering gear and the steering gear well, and by accurately operating the steering gear and the steering gear.

Nevertheless, the Defendant neglected this and failed to properly operate the steering direction and brakes while driving the said vehicle in a state where it is difficult to drive the said vehicle in a normal condition due to drinking, thereby taking the central separation unit as the front side of the said vehicle, and suffered injury to the wife victim D (V, 56 years old) who was on board the said vehicle for about three weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle with approximately KRW 200 meters high-priced typing vehicle at the front of the first apartment apartment of the Dong TS 1 in a two-way city under the influence of alcohol content of 0.174% among the blood transfusion at the time specified 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 for E;

1. A traffic accident report;

1. An accident scene photograph;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. A report on whether to drive any danger;

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 under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each alternative fine for punishment;

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. The Criminal Procedure Act of the Provisional Payment Order.