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(영문) 광주지방법원 순천지원 2018.03.09 2017고단2669
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 BP car.

On November 15, 2017, the Defendant driven the said car under the influence of alcohol level of 0.152% from blood alcohol level of 22:53 on November 15, 2017, and made it left left at the right-hand distance from the horizontal apartment on the side of the Pyeong apartment at the time of leisure.

At night and in such a case, the driver has a duty of care to safely operate the steering system by accurately manipulating the steering side and the steering system.

Nevertheless, the Defendant, as such, was negligent in driving without being negligent in driving under the influence of normal driving due to the above influence of alcohol, and due to negligence, the Defendant C (W, 21 years old) who was parked in the central safety zone of the road along the Tri-distance on the side of the Tri-range in order to avoid oil caused by other accidents, and received the part of the Defendant’s vehicle behind the driver’s vehicle driving.

Ultimately, the Defendant suffered injury to the above victim C and the victim E (the 23 years old), who was the passenger of the above victim’s frighting passenger car, due to the negligence in the above business, due to the injury of cerebral sugar, etc., in which there is no room for two weeks of treatment, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement on the circumstances of the driver working at the main place and regular navigation report (whether or not the driver is in danger of driving);

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 degree of injury to the reason for sentencing of Article 334(1) of the Criminal Procedure Act is the same.

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