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(영문) 광주지방법원 2017.03.23 2016고단5135

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant is a person who is engaged in driving a vehicle CK5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On September 12, 2016, the Defendant driven the above car at around 02:10, and led the Defendant to drive the above car at a high-priced level on the side of the FF District, one lane prior to the 161 Korean Bank, as in the Northbuk-gu, Gwangju.

The location is the straight line of three lanes, and at the same time, there was a duty of care to prevent accidents by accurately manipulating the steering side and the steering system for the driver of the motor vehicle.

Nevertheless, the Defendant neglected to do so and did not check a passenger car in front of the blood alcohol concentration of 0.164% and did not operate the brake system late at the later time, and received the part of the victim D (W, 53 years old)’s rocketing car behind the Defendant’s 5th driver’s vehicle.

As a result, the Defendant suffered injury to the victim, such as cerebral sule and sulphal salt, which need to be treated for about two weeks in a state where it is difficult for the victim to drive normally while under the influence of alcohol.

B. The Defendant violated the Road Traffic Act (drinking driving) driving a 5-year vehicle described in paragraph (a) while under the influence of alcohol for about 50 meters from the beerd in the Manamdong-dong, Gwangju-gu, to the place indicated in paragraph (a) of Article 1, while under the influence of alcohol for about 0.164% during blood.

2. Defendant B

A. On September 12, 2016, the Defendant was under the influence of 0.164% of alcohol in blood after dividing into A and drinking around 01:00 on September 12, 2016, at the section of approximately 50 meters from the Madambro-dong Madambro-dong Madambroon to the front road of the National Bank of Korea, giving A with a smart key of 0.164% of alcohol in blood while drinking at around 01:10 on the same day.