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(영문) 의정부지방법원 2018.03.30 2017고단4795
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

1. Defendant shall be punished by a fine of KRW 8,000,000.

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

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

On September 2, 2017, the Defendant driven the above vehicle on the back side of Yangju Culture and Arts Center in the state of alcohol of 0.142% of alcohol concentration in the blood transfusion around 02:27, and proceeded from Yangju Culture and Arts Center to a three-distance away from the bank of Yangju Culture and Arts Center.

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

Nevertheless, the Defendant, as seen above, was driving in a state where normal driving is difficult, such as a red and smelling with a large face due to drinking, and was unable to properly operate the steering and brakes, thereby getting off the road and falling down on the wind side of the road, and suffered approximately two weeks off the left side of the road in need of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle with approximately KRW 5 km from the shooting distance of 0.142% of alcohol while under the influence of alcohol during the day-to-day alcohol set forth in paragraph (1) to the point of the said accident at the time of two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the preparation of victims;

1. A traffic accident report, a report on the occurrence of a traffic accident, a report on the circumstances of the driver at home, a report on whether to drive any danger, and a report on the detection of the driver at home;

1. Application of Acts and subordinate statutes on site photographs;

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. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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