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(영문) 전주지방법원 2017.07.11 2017고단655

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle with lurburged B, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On March 12, 2017, the Defendant driven the said car in a state where it is impossible to drive it normally due to the influence of alcohol level 0.110% of the blood alcohol level from around 21:20 on March 12, 2017, and continued to drive the said car on the surface of a Jin apartment located near the Kim Jong-si Educational Support Agency for Kim Jong-si.

In this case, the driver has a duty of care to prevent accidents by accurately manipulating the front and rear left and left, and the steering gear of the driver.

Nevertheless, the Defendant, by occupational negligence, committed an injury to the victim C (the 48-year-old driver) who was waiting for signal at the front by failing to perform his/her duty of care due to the influence of alcohol as above, caused the victim E (the 48-year-old driver) to suffer from the injury, such as chills, tensions, and tensions, which require approximately two weeks of treatment for the victim C due to the impact of alcohol, by taking out the said car from the above A-year-old driver-car, and taking around two weeks of treatment for the victim E (the 48-year-old driver).

2. The Defendant violated the Road Traffic Act (drinking) driving a vehicle under the influence of alcohol level B, while under the influence of alcohol leveling 0.110%, on the road of approximately 1km from the front of the Kumdong Center at the center of Kim Jong-si, Kim Jong-si, to the place in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. The circumstantial report (whether to drive any danger);

1. A traffic accident report;

1. Application of Chapter Two Acts and subordinate statutes to medical certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) regarding the crime, and Articles 148-2 and 144 of the Road Traffic Act.