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(영문) 전주지방법원 2019.06.28 2019고단140
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Around November 24, 2018, the Defendant driving a DNA motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.117% from a section of about 2 km from the front of a mutually influence restaurant in the Full-gu Seoul Special Metropolitan City to the front of C in the same Gu, on November 24, 2018.

2. The defendant is a person who is engaged in driving a motor vehicle of the franchise.

The Defendant, while under the influence of alcohol as stated in paragraph (1), driven the above vehicle while driving the vehicle in a difficult condition to drive normally, such as moving red light into the face, walking, walking, etc., and driven the front road from the ice stadium to the E-section from the ice stadium.

Since there is an intersection where signal lights are installed, there was a duty of care to ensure that a person engaged in driving a motor vehicle should secure the safety distance from the front, confirm the front side, and accurately manipulate the brake and steering devices so as to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, was negligent in proceeding as it was, and the Defendant was faced with a part of the Gal-to-car G Ga, which stopped in accordance with the stop signal in front of the Defendant.

Accordingly, the Defendant, as seen above, sustained injury to the victim H (V, 46 years of age) who was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in approximately two weeks of light fluoral treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition of traffic accidents;

1. Notification of the control results of drinking driving, the report on the state of drinking drivers' state statement, and the report on whether to drive any danger;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the investigation report (related to whether to drive under dangerous conditions);

1. Specific crimes under the relevant Act regarding criminal facts.

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