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(영문) 의정부지방법원 2017.11.01 2017고단3232
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle B K7 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On June 5, 2017, around 20:35, the Defendant driven the said car with alcohol concentration of 0.204% in front of the blood on the road in Yangju-si, and driven the same four-lanes in the direction of Yangju-Eup in accordance with the direction of Yangju-si.

A person engaged in driving service shall not drive under the influence of alcohol, and has a duty of care to prevent accidents by living well on the front door, maintaining a safe distance, and accurately manipulating steering and brakes.

Nevertheless, the Defendant neglected to drive the said vehicle while making it difficult to drive the vehicle under normal conditions, such as under the influence of alcohol due to shocking of face, and caused injury to the victim, by following the victim DPoter II, who was parked in the signal waiting at the front of the road, due to the victim’s Epoter II, and resulting in approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving approximately 4 km B K7 cars at the front of the first apartment unit of the instant accident, in the state of drinking 0.204% of alcohol content among the blood transfusion at the time specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report;

1. On-site and vehicle photographs;

1. A written statement on the occurrence of traffic accidents;

1. Notification of the results of regulating drinking driving;

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

1. A written appraisal of alcohol during blood;

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 (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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