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(영문) 전주지방법원 남원지원 2017.12.19 2017고단244
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The sentence against the accused shall be seven million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On September 28, 2017, the Defendant driven the said car under the influence of alcohol content of 0.142% in blood around 02:00, and led to the left-hand turn from the right-hand side to the Asan Hospital of U.S. Sin-Eup in the direction of the Sin-Eup.

At the time, there are nights and there is an intersection where red flickering lights are installed, so there was a duty of care to temporarily stop the vehicle to the person engaged in driving service before the intersection and to enter the intersection after considering the traffic situation of another lane.

Nevertheless, the Defendant, despite the fact that face color is red and shocked, sniffed, sniffed, sniffed, sniffed on the left, siffed, siffed on the left, and siffed on the left, without temporarily suspending before entering the intersection in the situation where normal driving is difficult due to the influence of drinking, such as routing and snowing, and by the negligence of entering the intersection and driving at the right side of the Defendant’s running on the right side of the instant K5 car.

As a result, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to survey reports on actual condition, field photographs, reports on the circumstances of the driver of the main place, reports on whether to drive any danger, and reports on the detection of the driver of the main place;

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

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. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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