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(영문) 광주지방법원 2020.06.23 2020고단650
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in B rocketing car driving.

At around 18:50 on February 4, 2020, the Defendant: (a) driven the said car in a state where it is difficult to drive the car normally with a blood alcohol concentration of 0.20%; and (b) changed the car line into three-lanes while driving the front road of Gwangju Mine Zone C along the two-lanes in the direction D from D to E in the direction; (c) due to the negligence of neglecting the duty of front and rear drinking, neglecting the duty of front and rear drinking, and not operating the steering direction and operation mechanism accurately, the Defendant conflict with the left-hand side part of the G-ho vehicle driven by the victim F (the age of 49) with the right-hand side part of the Defendant’s vehicle.

As above, the Defendant suffered injury to a victim, such as brain-dead sugar, which has no two internal organs, requiring medical treatment for about two weeks in a situation where normal driving is difficult due to the influence of drinking.

2. Around 18:50 on February 4, 2020, the Defendant driven the said rocketing car under the influence of alcohol with approximately 2 km alcohol concentration of about 0.20% from around the “I” restaurant located in the Gwangju Mine-gu H to the place of the said accident.

Summary of Evidence

1. Defendant's legal statement;

1. Financial statements made by F (accidents);

1. A traffic accident report and a traffic accident report;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

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, and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that the blood alcohol concentration level at the time of the instant crime is considerably high.

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