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(영문) 전주지방법원 2017.07.11 2017고단707
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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 soflurd C, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On March 31, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.117% from blood alcohol level on March 31, 2017, while the Defendant was unable to drive normally due to the influence of alcohol leveling 0.117%, and was driving ahead of the E hospital located in Yansan-gu in Jeonju-gu at Jeonju-si along one lane from the dives of volcanic global bank.

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

Nevertheless, the Defendant, by occupational negligence, found the G K5-si driving G K5-si in the front of the said K5-si driver’s vehicle at the front of the said K5-si driver’s vehicle, due to the influence of the above drinking, was inflicted on the victim F, who was a passenger of the said K5-si and was in the front of the said K5-si driver’s vehicle, and was in the front part of the said K5-si driver’s injury, such as climatic salt and tension in need of approximately two weeks of medical treatment, and suffered injury, such as brain dust, which requires approximately two weeks of medical treatment, to the victim H (the 19-year passenger).

2. Violation of the Road Traffic Act (drinking driving) driving a motor vehicle under the influence of alcohol 0.117% in alcohol level on the road of approximately 2 km from the front of the Western elementary school in the Seocho-gu, Sinsan-gu, Sin-si, Sin-si, and the front road of the E hospital located in the same Gu D to the day before the hospital located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement report;

1. A report on detection;

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 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning criminal facts.

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