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(영문) 광주지방법원 2016.04.21 2016고정485

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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1. Defendant shall be punished by a fine of KRW 4,500,000;

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle C in the context of driving a vehicle.

On January 23, 2016, the Defendant driven the said car under the influence of alcohol content 0.161% during blood transfusions on January 23, 2016, and driven the two-lane road in front of the Korean Sports Center located in the Seo-gu World Cup, Seo-gu, Gwangju, Seo-gu, by examining the two-lane road.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected to drive the vehicle under the influence of alcohol as seen above while driving the vehicle in the same way as it is, due to the negligence of the Defendant’s failure, while driving the vehicle in the same way as it is, received the part of the back part of the vehicle in front of the Defendant’s car.

As a result, the Defendant suffered injury to the victim F (V, 30 years of age) who was accompanied by the victim D and the damaged vehicle due to the above occupational negligence, such as salt d and the boomed 2 weeks of treatment, respectively.

2. On January 23, 2016, the Defendant: (a) driven a vehicle as stated in paragraph (1) while under the influence of alcohol with approximately 500 meters alcohol concentration 0.161% from the front side of a main apartment in Seo-gu, Seo-gu, Seo-gu, Gwangju to the place of accident as stated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report on actual condition, report on the circumstances of a driver driving, inquiry into the results of crackdown on drinking, and application of each statute to each medical certificate;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by the driving of each risk) concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (referring to the act of driving alcohol

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

1. Selection of penalty: