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(영문) 전주지방법원 2020.08.12 2020고단763

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B-Wood vehicle.

피고인은 2020. 3. 29. 23:40경 혈중알코올농도 0.111%의 술에 취하여 정상적인 운전이 곤란한 상태에서 위 승용차를 운전하여 전주시 덕진구 견훤로 312(인후동)에 있는 인후동우체국 부근 편도 2차로의 도로 중 2차로를 안골네거리 방면에서 C초등학교 방면으로 불상의 속도로 직진하여 진행하게 되었다.

At night and at the same time, vehicles are parking and commercial areas where many vehicles are parked and parked at the road, so there was a duty of care for those engaged in the vehicle's business to view the front door and to operate safely by properly operating the steering and steering system.

Nevertheless, under the influence of alcohol, the defendant neglected to stop in two-lanes of the defendant's running direction, and received the back portion of the Equart vehicle's left side of the Equart vehicle driven by the victim D(23 years of age).

The Defendant, by such occupational negligence, sustained the injury of the victim D and the victim F (V, 20 years of age) who was on board the said LV car due to approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement hearing reports on D;

1. Notification of the control results of drinking driving, a report on the situation of a drinking driver, and a report on the status of dangerous driving;

1. A traffic accident report;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922, Feb. 4, 2020 and enforced May 5, 2020) concerning criminal facts, and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of driving) concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;