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(영문) 서울동부지방법원 2017.02.09 2016고단3744
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 who is engaged in driving a t XG vehicle.

On September 10, 2016, the Defendant driven a B Twork XG vehicle under the influence of alcohol content of 0.136% during blood transfusion at around 23:00, while normal driving is difficult, and the Defendant continued two lanes in front of Songpa-gu Seoul, Seoul, along the direction of Seoul, along the same example 22 lanes in the direction of the apartment complex in the direction of the non-furd apartment.

At all times, there is an intersection where signal lights are installed, so in such a case, the driver of the vehicle has a duty of care to thoroughly see the front hour and to safely drive the vehicle by accurately manipulating the steering direction, brakes, etc. and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so, and did not properly operate the steering and steering devices, and received the back part of the E-Wz vehicle operated by the victim D(56 aged) waiting in the front bank as the front part of the said TRa XG vehicle.

Ultimately, the Defendant suffered injury to the victim by negligence in the above business, i.e., f., f., f., f.s., f.s., 2 weeks of medical treatment

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. A survey report on the actual condition, a report on the detection of a driver with the main driver, a report on the circumstances of the driver with the main driver, and an investigation report (the application of the aforementioned dic formula);

1. Application of Acts and subordinate statutes to drug maps, photographs, and diagnostic certificates at the scene of an accident;

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. 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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is to make the victim injured by an accident during driving under influence of alcohol for the reason of sentencing.

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