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(영문) 광주지방법원 2020.06.18 2020고단1571

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. Around March 21, 2020, the Defendant, while under the influence of alcohol on March 21, 2022, driven a motor vehicle with the highest speed from the front of the “C” in the Jeonnam-gun B to the front of the “E convenience store” located in D, at approximately 100 meters prior to the intersection.

2. The Defendant is a person who is engaged in driving a motor vehicle with the F highest driver's license in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On March 9, 2020, the Defendant was parked in front of the E convenience point located behind the left side of the direction of the proceeding while driving the said vehicle and driving it on the chill distance from the chill box, while in a situation where it is difficult to drive the vehicle normally at an inaccurate level of 0.153% under the influence of alcohol level at the front of the G apartment at the front of the G apartment in Yong-gun, Sungsung-gun, Sungsung-gun, Seoul.

At the time, there was a night and a vehicle following the Defendant, so in such a case, there was a duty of care to check out whether there is another vehicle in the direction of the operation, and to accurately manipulate the steering direction and the brake system, and to prevent the accident from occurring in a safe manner.

Nevertheless, the Defendant, while neglecting this and driving a vehicle under the influence of alcohol, was driven by the victim H (V, 48 years old) who was stopped while driving the vehicle due to the negligence of the Defendant, and was driven by the victim H (P, 48 years old) with the front part of the Defendant’s vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and caused the victim to suffer bodily injury, such as salt, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by H;

1. A traffic accident report;

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

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Criminal facts;