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(영문) 광주지방법원 2018.02.06 2017고단4884
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. Around 23:20 on October 5, 2017, the Defendant: (a) driven an EK5 vehicle under the influence of alcohol by 0.209% in the section of approximately 800 meters from the Han-dong Standing Zone in Seo-gu, Seo-gu, Gwangju to the front road of the D Certified Official Brokerage Office located in the same Gu C; (b) around October 23:20, 2017.

2. On October 5, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving the said car on or around October 23:20, and driving the said car along the two-lane road in front of the said D official seal broker, depending on the two-lane road from the standing zone of the commercial zone to the luminous bus terminal.

At the time, the Defendant, prior to the same direction, followed the Victim F(33) GV car in the GV car. In such a case, the Defendant had a duty of care to prevent the accident prior to the occurrence of the accident, such as: (a) a person engaged in driving of a motor vehicle, who is well aware of the situation; and (b) securing a safe distance to avoid the accident when the damaged vehicle stops.

Nevertheless, the Defendant, as seen above, was negligent in not putting the front door in a situation where normal driving is difficult due to the influence of alcohol due to the influence of alcohol, and not properly operating the brake system, and the lower part of the damaged vehicle stopped in the front section of the Defendant’s car was committed as the front part of the vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim F, on the part of the victim H (V, 25 years old) who was on board the top of the steering force of the damaged vehicle, on the part of the victim H (V, 25 years old) who was in need of approximately two weeks of medical treatment, on the part of the victim F. In addition, the Defendant suffered on the part of the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual conditions;

1. Photographss related to traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

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

1. Each of the relevant Articles of the Act concerning the facts of crime;

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