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(영문) 의정부지방법원 고양지원 2017.04.18 2017고단467
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On December 27, 2016, the Defendant, while under the influence of alcohol level of 0.161% during blood transfusion, driven the said vehicle, and led it to turn to the left from the beginning,000 to C apartment at the direction of the entrance of the Il-dong, Yongsan-gu C apartment at the Goyang-gu.

At the time, the signal was a new wall and the signal was a yellow flickering, so in such a case, there was a duty of care to prevent accidents in advance by safely driving the vehicle by driving the vehicle, such as driving the vehicle on the right and the right.

Nevertheless, while the Defendant neglected to perform the above duty of care in a state where normal driving is difficult due to influence of drinking, and continued to turn to the left, the Defendant met the front part of the left side of the victim D(64) drive of the victim D(64) driveed from the 3rd side of the above city to the Do, with the front side of the above vehicle's driving. Then, the Defendant met the left side of the victim F (22 years old) driving at the entrance of the apartment at C apartment, and caused the victim D to suffer approximately 5 weeks of other fingers requiring the victim D to receive approximately 2 weeks of medical treatment, and the victim F suffered from the d's salt and tension, etc. requiring approximately 2 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of each traffic accident-related person;

1. A traffic accident report;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the scene, vehicle photographs, and written diagnosis;

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

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D) are more severe crimes.

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