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(영문) 의정부지방법원 2017.04.24 2016고단5695
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) stated in B QM3’s indictment as “DMW car” but the indictment itself is identical to the number of damaged vehicles and can be confirmed as a clerical error in the indictment. According to the evidence submitted, the Defendant’s vehicle driven by the Defendant is clearly “B QM5” and thus, ex officio correction and determination is made.

is a person engaged in driving service.

On November 15, 2016, the Defendant entered the road upstream of the E cafeteria located in Yangju City C at a e-mail rate of 0.182% under the influence of alcohol content among the blood transfusion around 08:30%.

The driver shall not drive a vehicle on the two-lane road that has a large traffic volume, in a state where normal driving is difficult due to influence of drinking, and when entering the road, he/she has a duty of care to prevent accidents by examining the left and right so that there is no damage to other vehicles on the road.

Nevertheless, the Defendant neglected this and did not confirm the progress of other vehicles in the situation where it is difficult to drive the vehicle normally due to influence of drinking, and did not change the course of the vehicle in a sudden manner, and caused the part concerning the DoMW auxiliary gate and the pentar part of the pentar in front of the Defendant’s vehicle driver’s seat and the pentar part.

As a result, the Defendant suffered multiple injuries to the victim G(18) who was on board the head of the damaged vehicle due to the above occupational negligence, requiring two weeks of treatment in advance.

2. On November 15, 2016, the Defendant driven the said B QM3 car under the influence of alcohol concentration of about 50% from the 50-meter section from the top of the E cafeteria at Yangju-si to the clock 1511, both of which are located in the E cafeteria at Yangju-si.

Summary of Evidence

1. The defendant's person;

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