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(영문) 전주지방법원 2017.11.28 2017고단1806
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of five 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 is engaged in driving of freight C and C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On September 6, 2017, the Defendant driven the above cargo vehicle under the influence of alcohol concentration of 0.127% in light of the influence of alcohol level from around 16:20 on Sep. 6, 2017, while driving the said cargo, and the Gu, which is located in the atomic-gu, Yansan-gu, Jeonju-si, would drive the said cargo vehicle under the influence of under the influence of alcohol leveling at 0.127% in front of the point of view at the intersection of the city.

In this case, the driver of the vehicle has a duty of care to properly observe the traffic laws and regulations, to reflect the right and the right before and after, and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant suffered injury to the victim D and the victim F (V, 54 years old) who did not fulfill such duty of care due to the influence of alcohol as above, due to the victim D's failure to perform such duty of care, and the victim F (V, 54 years old) who took place at the front of the year, due to its shock, the Defendant suffered from the injury of the victim D and the victim F (V, 54 years old) for each two-day medical care.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said vehicle on the road located in the 300-meter section in front of the Don-dong village located in the Yansan-gu in the Jeonju-si, Jeonju-si, under the influence of alcohol level of 0.127% from the blood alcohol level during the day under paragraph (1) to the intersection by the Gu located in the same Dong from the front of the Don-dong village located in the front of the Yansan-gu, Jeon

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 under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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