(영문) 전주지방법원 2018.01.23 2017고단2083

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(영문) 전주지방법원 2018.01.23 2017고단2083

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

The Defendant is a person who is engaged in driving of B, Grandroth.

On September 20, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.132% from around 23:00, while driving the said vehicle under the influence of normal operation due to the influence of alcohol, and led to the flow of the so-called “cry field,” the so-called “cry field,” the so-called “cry field,” the so-called “cry field,” which is located in 4683, from the private distance of “cry field,” along the two-lanes of alcohol level to the front prison.

At this point, traffic control is conducted by signal apparatus, and crosswalks exist, thus, the driver engaged in driving service has a duty of care to check whether there is a person who gets on a crosswalk, driving the vehicle in accordance with the signals of the front door and the right and the right and the right and the right and the right and the right are well examined, and to safely drive the crosswalk.

Nevertheless, due to the negligence of neglecting this, the victim C (16) crossinged by the crosswalk from the left side of the defendant's direction to the right side in accordance with the green signals of the mash-in crosswalk. The victim was placed in front of the defendant's vehicle and went beyond the floor.

As a result, the Defendant suffered injury to the victim, such as catum salt, tension, etc., which requires approximately two weeks of treatment by the aforementioned negligence.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. A report on whether to drive any danger;

1. The actual investigation report on traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is between the victim and the victim.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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