(영문) 전주지방법원 2017.10.24 2017고단1422

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(영문) 전주지방법원 2017.10.24 2017고단1422

특정범죄가중처벌등에관한법률위반(위험운전치사상)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 vehicle in C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving).

On July 22, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.145% during blood alcohol level from around 04:45 on July 22, 2017, and proceeded with the three-lane road in front of the Jinjin-gu, Seoul Special Metropolitan City due to the flow of 1124-7 on the two-lane road in front of the Jinjin-gu, Seoul Special Metropolitan City.

At the time, it is night and its location is a private-distance intersection, so the driver has a duty of care to safely drive the motor vehicle by properly operating the front door and the left door and the left door, and by operating the steering and brake system properly, and to not drive the motor vehicle in a state where normal operation is difficult due to drinking.

Nevertheless, the Defendant was negligent in driving while driving a vehicle under the influence of alcohol, and the Defendant was driven by the victim D (56) who was under the influence of the Defendant for a signal waiting in the front direction.

E was received as the front part of the car driven by the Defendant after the Cuba car.

Ultimately, the Defendant, as such, sustained injury to the victim, such as climatic salt, tension, etc., which requires a two-day medical treatment, by negligence, while driving a motor vehicle in a situation where normal driving is difficult due to drinking.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a C motor vehicle under the influence of alcohol with a maximum of about 500 meters alcohol concentration of about 0.145% from the 50-meter section from the day before the end of the day immediately preceding the day specified in paragraph (1) to the place specified in paragraph (1) 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 Acts and subordinate statutes of a medical certificate;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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