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(영문) 전주지방법원 2018.01.16 2017고단1868
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and is engaged in driving of a motor vehicle with soflurd C.

On August 21, 2017, the Defendant driven the said car under the influence of 0.208% alcohol concentration among blood transfusions on August 21, 2017, while normal driving is impossible due to the influence of alcohol level 0.208%, and driven the two-lane front direction of the E-lane Do Do Do Do Do Do Do Do Do Do Do Do Do, Jeonju-gu at Jeonju-si.

At the time, it is difficult to secure the front view because it is night and rain, so in such a case, there was a duty of care to look at the front door and left right and right, and to accurately operate the steering system for the driver and the steering staff of the motor vehicle.

Nevertheless, Defendant 1: (a) committed an injury to the victim F (V) who was stopped on the earth due to the influence of alcohol, resulting in the Plaintiff’s failure to perform such a duty of care; (b) by finding late the Gystasi taxi at the age of 60; (c) resulting in an injury to the victim F by taking advantage of the said taxi on the same lane; and (d) resulting in an injury to the victim H (V, who is the passenger of the said taxi, in need of approximately 3 weeks of treatment; and (c) resulting in an injury to the victim H (V, who is 38 years of age) by taking advantage of the said taxi on the same lane; and (d) by taking care of the said taxi on the same,

2. The Defendant violated the Road Traffic Act (drinking driving) driven a vehicle from the front side of the Dolsan Building in the Dolsan-dong of the Jeonju-si to the place stipulated in paragraph (1) at approximately 300 meters away from that of the Dolsan Building in the Dolsan-dong of the Jeonju-si, under the influence of alcohol level 0.208% during the day-to-day alcohol level in paragraph (1).

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 Chapter Two Acts and subordinate statutes to medical certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) and Article 148-2 (2) of the Road Traffic Act concerning the crime.

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