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(영문) 광주지방법원 순천지원 2020.05.21 2020고단532

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

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 engaged in driving a vehicle at the horse.

On November 13, 2019, at around 23:00, the Defendant, while drunk with 0.129% of blood alcohol concentration, the face is red, and the horse is divided into horses, and the walk is not possible to drive normally, such as a string distance, but the Defendant driven the said vehicle and driven one lane near D in Mayang-si C, and driven one lane toward the mouth water purification place on the side of the string road.

Since there is a center line of yellow solid lines, a person engaged in driving service has a duty of care to safely proceed along the right-hand side of the center line.

Nevertheless, under the influence of alcohol, the Defendant neglected this duty of care, and proceeded in a manner that is attributable to the negligence that led to the negligence of the center line, which was driven by the injured party E (n.e., the age of 27). After driving the car, the Defendant got an even door back to the right side of the Defendant’s vehicle, and received the front part of the Defendant’s vehicle in front of the right side.

As a result, the Defendant operated 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, tensions, etc., for about two weeks in need of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving a car at the horse b while under the influence of alcohol by 0.129% of blood alcohol level at the date and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes for the entrustment review;

1. Article 11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of driving while driving a motor vehicle on a motor vehicle) of the same Act, and Article 11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by