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(영문) 광주지방법원 2017.05.25 2017고단1206
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-3 car.

On February 25, 2017, the Defendant driven the said car under the influence of alcohol content of 0.214% among blood transfusion around 00:00, while driving the said car, and proceeded along the two-lanes of the two-lane distance from the side of the reservoir where the Defendant marked off the Korean Maritime Airport, which is located in the Geum-dong, Seo-gu, Gwangju, Seo-gu.

In such cases, the driver of the motor vehicle has a duty of care to prevent accidents in advance by taking into account the influence and influence of the motor vehicle in accordance with good faith.

Nevertheless, the Defendant neglected this and took part of the back part of the EE EX car of the victim D(48) who is waiting for a signal signal at the front direction as the front part of the K3 car, and due to its shock, EXE car was pushed forward in the future and became a part of the back part of the victim FF(30) driving waiting for the signal signal at the front.

Ultimately, the Defendant, by such occupational negligence, sustained injury to the victim D, such as brain-dead sugar, etc., without any wound in the two open areas where approximately two weeks of treatment is required for the victim D, injury to the victim H(51 aged) who passed the EXE car, such as brain-dead, etc., in which there is no wound in the two open areas where treatment is required for about two weeks, and injury to the same victim I (59 years old) for about four weeks of treatment; injury to the victim F (30 years old); injury such as dynasium and tension in need of approximately two weeks of treatment; injury to the victim PJ (33 years old) who passed the EX5 car, for about two weeks of treatment; injury such as dynasium and tension; and injury to the victim PJ (5 years old) who passed the 2-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

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

1. Inquiries about the results of crackdown on drinking driving;

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

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the risk driving) concerning criminal facts as provided in the corresponding provision of the Act.

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