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(영문) 전주지방법원 정읍지원 2018.11.27 2018고단395
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

The Defendant is a person engaging in driving a car at the fourth time.

On July 29, 2018, the Defendant, while under the influence of alcohol 0.131% in light of the blood alcohol level around 02:20, the Defendant, while driving the said vehicle, she has a red light and the body of the Defendant is difficult to drive normally, such as a string distance. However, the Defendant driven the two lanes in front of D in front of the said vehicle C at regular Eup/Myeon by driving the said vehicle at a speed of 80 km from the direction of the educational support agency to the E school.

In such a case, the driver had a duty of care to prevent accidents by safely operating the front door in a safe way.

Nevertheless, under the influence of alcohol, the Defendant, while driving the said vehicle without neglecting such duty of care, was able to plpl up the direction on the sloping road, while driving the said vehicle, and continued to run it without plucking up the direction, and received the street trees and telegraphs on the right side of the road.

Ultimately, the Defendant, while driving a car in a state of difficulty in driving a car while under the influence of alcohol, suffered injury, such as “influence of pulverization in a eleg for about 8 weeks,” which requires approximately 2 weeks of medical treatment from the victim G (3) and “influence in Earction,” which requires approximately 2 weeks of medical treatment from the victim H (22 years of age), respectively, “influence in the open room for entry,” which requires approximately 2 weeks of medical treatment from the victim H (22 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to G, H and F;

1. A traffic accident report;

1. On-site photographs;

1. A copy of the ledger using drinks for drinking;

1. A dangerous driving report;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Application of the respective Acts and subordinate statutes of G, H and F;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Article 5-1 of the same Act concerning the crime committed.

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