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(영문) 전주지방법원 2017.06.20 2017고단646
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle with the highest bid in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On March 23, 2017, the Defendant, while under the influence of alcohol concentration of 00:30% during blood transfusion, was unable to drive normally due to the influence of alcohol level 0.131%, led to the cross-section of the E next private distance in Yansan-gu in Jeonju-si, Jeonju-si, to the pruption of the prudent at the Donsan-si.

In this case, the driver of the motor vehicle had a duty of care to prevent accidents by accurately manipulating the front and rear left and left, and the steering gear of the motor vehicle.

Nevertheless, the defendant did not fulfill the above duty of care and found it late due to the business negligence of the injured party F(T, South, 38 years old)'s G SP car at the front of the above SP car at the front of the above SP car, and caused the injured party F with the injury of cryp and cryp salt in need of approximately two weeks of treatment due to the shock, and suffered from the injured party H(T, South, and 37) with approximately two weeks of treatment.

2. When the Defendant was under the influence of alcohol level of 0.131% from blood alcohol level during the day-to-day alcohol level, the Defendant driven a C-Wing-to-day vehicle on the road at approximately 2 km from the first road in the front city in the front city to the place referred to in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. A report on whether to drive any danger;

1. A survey report on actual conditions;

1. Application of Chapter Two Acts and subordinate statutes to medical certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of each alternative fine for punishment;

1. The aggravated Criminal Act for concurrent crimes.

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