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(영문) 광주지방법원 순천지원 2019.02.28 2018고단2137

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a passenger car B

On October 6, 2018, at around 21:50, the Defendant driven the above vehicle while under the influence of alcohol of 0.197% with a blood alcohol concentration of 0.197%, and led the two-lanes in front of Mayang-si, the two-lanes in front of Mansan-si, from the area of the discharge of D Hospital to the area of Sodsan-distance.

No person engaged in driving service shall drive a motor vehicle while normal driving is difficult due to the influence of drinking.

At the time, the defendant was in an inaccurate state of face, and the face was blick, and even glick, it was difficult to drive normally due to the influence of drinking, such as drinking.

Nevertheless, under the influence of alcohol, the Defendant, while proceeding as it is while neglecting to do so, was able to receive a part of the backer part of the F. F. M. F. M. car in the front direction at the victim E (the age of 22) driving in the front direction of the car.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered the climatic salt, tension, etc. from the above victim for about two weeks of medical treatment.

2. The Defendant was driving the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.197% at the same time and at the same place as paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

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

1. Relevant Article 8 of the Criminal Act, the main sentence of Article 8 and Article 1(1) of the Criminal Act, Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2(2)2 and 44(1) of the Road Traffic Act, respectively.