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(영문) 전주지방법원 2018.02.20 2017고단2292
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On November 19, 2017, the Defendant is a person engaged in driving of Bbeu or a car. On November 19, 2017, the Defendant driven the said car under the influence of alcohol level of 0.141% from blood, which is considerably difficult to drive due to the influence of alcohol level of 0.141%, and the two-lanes of the driving distance of 680 Jeonjin-gu East-gu, Jeonjin-gu, Jeondong-gu, and the two-lanes of the two-lanes on the road of 680 Jeonjin-gu, Jeonjin-gu, Jeondong-gu, the speed of 51 to 60km each hour from the remote distance room.

Since there are many vehicles, in such a case, a person engaged in driving duty has a duty of care to safely operate the steering wheel and brake system by operating it properly.

Nevertheless, the Defendant, while under the influence of alcohol, caused by occupational negligence, and caused the damage to the victim C (23)'s driving of the victim C (23 ) who stops in the front part of the foregoing beeror car, and caused the damage to the victim by shocking the back part of the motor vehicle in front of the foregoing beer or the motor vehicle, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. A report on whether to drive any danger;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Various circumstances, including the fact that vehicles are covered by a comprehensive insurance with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the fact that there is no criminal record against the defendant, the age and occupation of the defendant, his/her living environment, his/her blood alcohol concentration and driving distance, and the criminal record of the defendant at the time of crackdown;

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