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(영문) 광주지방법원 순천지원 2019.02.28 2018고단2408
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

1. On October 24, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven B rocketing car with a blood alcohol concentration of 0.224% at the same time while under the influence of alcohol on October 23, 2018, and led D front roads located in C at the same time as E Hospital gate from the 6th breadth away from the 6th breadth away from the offside of the 3rd square 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 had difficulties in driving normally due to the influence of drinking, such as rhythm of horses and blicking on face, etc.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the Defendant’s vehicle driving ahead of the victim F (the age of 45) who was standing in the front line of the signal signal at the Defendant’s front line with the front part of the Defendant’s driving.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in the victim FF to suffer salt, tensions, etc. in need of treatment for about two weeks, and suffered the victim H (the 43 years old), I (the 42 years old), J (the 57 years old), and K (the 53 years old), respectively.

2. The Defendant was driving the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.224% at the same time and at the same place as paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

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

1. Notification of the control of drinking driving and report on the situation of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) regarding criminal facts.

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