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(영문) 광주지방법원 2016.09.29 2016고단2765
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 00:56 on June 12, 2016, the Defendant was driving a bme car in the state of alcohol alcohol concentration of about 3 km from the road front of the bridge in the Geum-gu, Seo-gu, Gwangju to the shooting distance intersection of the village of the Republic of Korea in the same Gu.

2. The Defendant is a person who is engaged in driving a motor vehicle with B test partitionss.

On June 12, 2016, at around 00:56, the Defendant proceeded along the intersection of the village distance from the luminous-based terminal along the two-lanes from the luminous-based terminal to the coefficient shooting distance.

In such cases, there was a duty of care to prevent accidents in advance by checking whether a person engaged in driving service has a motor vehicle in front and in front, and by accurately manipulating the operation and steering gear, etc.

Nevertheless, the Defendant neglected this and did not see the front bank while under the influence of 0.112% alcohol in blood, and received the front part of the D taxi that the Defendant driven by the D taxi, following the D taxi driven by the Defendant, under the suspension signals of signalling, etc. due to the negligence of operating the brake system late later, and due to the negligence of operating the brake system.

As a result, the Defendant driven a motor vehicle in a state where it is difficult for the Defendant to drive the motor vehicle normally while under the influence of alcohol, and suffered injury, such as salt dump, tensions, etc., which require approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The actual investigation report on traffic accidents;

1. Inquiries about 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 as to the crime and Articles 148-2 and 44 of the Road Traffic Act.

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