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(영문) 전주지방법원 군산지원 2016.09.28 2016고단724
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 window motor bicycle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On June 23, 2016, the Defendant, while under the influence of alcohol 0.161% during blood transfusion, driven a bicycle with alcohol content of 0.23:25%, and proceeded with a one-lane road in front of the side bridge, which is located in Yellow-do, Yellow-do, Yellow-do, Jeonnsan-do, by driving a bicycle with alcohol content of 0.161%.

In this case, the driver of the motor vehicle has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent accidents.

Nevertheless, the Defendant neglected to drive under normal conditions such as snicking and snicking snow, etc., and snicked on the road due to the negligence of wrong operation of the steering gear and brakes.

Ultimately, the Defendant suffered injury to the victim C (21 tax) who was accompanied by the bicycle of the above engine device due to the above occupational negligence, including approximately three weeks left 4 times the left-hand body in need of treatment.

2. On June 23, 2016, the Defendant violated the Road Traffic Act (drinking) and the Guarantee of Compensation for Motor Vehicle Damages (drawing) operated the bicycle under the influence of alcohol 0.161% in a section of about 10km from the 10km to the date, time, place, etc. set forth in paragraph (1) on the roads near the Seocho-do New-si, Chungcheongnam-do, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Reports on traffic accidents and evidence photographs;

1. Statement report on the circumstances of a driver who is placed in driving, report on whether to drive any danger, and report the results of regulating drinking;

1. Inquiry into mandatory insurance;

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 and Road Traffic Act concerning criminal facts.

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