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(영문) 의정부지방법원 2018.04.13 2017고단5234
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

1. Defendant shall be punished by a fine of KRW 10,000,000;

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

Reasons

Punishment of the crime

1. The Defendant is a person engaged in driving the B-learning car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On November 21, 2017, the Defendant driven the said car under the influence of alcohol content of 0.140% during blood transfusions on November 21, 2017, and led the Defendant to drive the said car with one-laned road near the entrance of the “D” restaurant located in Gyeonggi-gun C, Gyeonggi-do.

Since there is a place where the center line of yellow solid lines is installed, a person engaged in driving service has a duty of care to thoroughly see the front-time and safely drive the car line.

Nevertheless, the defendant, as seen above, was driven by the victim E(66) who was driving in the opposite lane against the central line due to the negligent negligence while driving the above car while it is difficult to drive the car normally due to the influence of drinking, such as being red in the inside of the inside of the inside and the failure to properly sound the light, etc., and received the front portion of the F taxi driving.

After all, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, suffered injury to the victim E, such as climatic salt, which requires approximately two weeks of medical treatment, and injury to the victim G (24 years of age) who was on board the said taxi in need of medical treatment for about two weeks.

2. On November 21, 2017, the Defendant driven a B-learning car under the influence of alcohol level of approximately 0.140% from the 8km section to the entrance of the “D” restaurant located in Seocheon-gun, Seocheon-gun, Seocheon-gun, Seoul Special Metropolitan City, to the Do-gun, Seocheon-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to victims E and G;

1. A written statement of traffic accident occurrence status prepared by victim E;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Statement of the circumstances of the driver in charge;

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