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(영문) 수원지방법원 2017.07.20 2017고정1213
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant was driving a car as a job for CM520.

On February 12, 2017, the Defendant, at around 03:40, had a 0.183% alcohol concentration in blood, proceeded with the south west 94-ro east west west west-ro east-ro east-ro east-ro east-ro west-ro west-ro west-ro west-ro gate in the apartment bank located on the south west-ro west-ro 9, in the south west-ro west-ro gate. As such, the Defendant had a duty of care to prevent accidents by continuing the operation of yellow on-off, etc. prior to entry and temporary suspension or intersection and by taking into account the traffic situation of the intersection, and by preventing accidents from occurring.

Nevertheless, due to the negligence that the Defendant neglected this and proceeded into the intersection, the Defendant shocked the left-hand side of the vehicle driven by the victim D (W, 49 years old) driving from the right-hand side to the left-hand side of the vehicle.

Ultimately, the Defendant transferred a motor vehicle in a state where normal driving is difficult due to influence of drinking, and at the same time, caused the victim D by negligence in the course of business, who neglected to perform a duty of care as a motor vehicle driver, to inflict a bodily injury, such as the bones of verte, which requires two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The actual investigation report on traffic accidents;

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

1. A report on the detection of a driver involved in driving;

1. Written reply to an appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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 53 and Article 55(1)6 of the Criminal Act to mitigate the amount of loss (see, e.g., Supreme Court Decision 53 and Article 55(1)6 of the said Act (see, e.g., Supreme Court Decision 2009Da14488

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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