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(영문) 광주지방법원 2016.10.13 2016고단2833

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

1. Defendant shall be punished by a fine of KRW 7,000,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

1. Around July 21, 2016, the Defendant driving a car in the C City Anrae under the influence of alcohol content of about 2km from approximately 0.154% on the road near the Teachers’ Mutual Aid Association in Seo-gu, Seo-gu, Seo-gu, Gwangju to the 277-ro in the southwest-ro of the car in the same Gu, from the roads adjacent to the teachers’ Mutual Aid Association, Seo-gu, Gwangju to the southwest-ro of the car in the same Gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person who is engaged in driving a passenger car in C Bora.

On July 1, 2016, the Defendant driven the above vehicle on July 21, 2016, and led the eight-lane road in front of the southwest-ro 277, Seo-gu, Gwangju, to the coefficient shooting distance from the side of the luminous terminal.

In such cases, a person engaged in driving service has a duty of care to safely drive by accurately manipulating the steering wheel and brakes, etc.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive in a state where normal driving is difficult and while driving in the same lane, was driven by the victim D (W, 37 years old) who was in the same atmosphere as that of the same lane, as part of the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim D and the victim F(36 years of age), G(n, 1 years of age) who participated in the said A7 car due to the above occupational negligence, respectively, for approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The application of Acts and subordinate statutes to the survey report on the actual condition, the report on the circumstantial statement of a drinking driver, the inquiry into the control of drinking driving, and the written diagnosis;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) concerning the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment;