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(영문) 전주지방법원 2017.05.02 2017고단98
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

The defendant is a person who is engaged in driving a BM5 car.

1. On January 8, 2017, the Defendant driven the said car while under the influence of alcohol level of 0.115% during blood at around 12:30, while driving the said car at a speed of 0.15%, and driving the road of 5-lane 399, which is located in the front city of the front city, from the front city, toward the sloping apartment at the right edge, and driving it toward the sloping apartment at the right edge of the front city at the right edge.

2. At the time of driving as above, there were other vehicles waiting for signal at the opposite lane to the Defendant’s moving direction, so there was a duty of care to operate the steering gear properly to prevent accidents in advance by safelypassing the steering gear while driving the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in operating the steering gear, and the Defendant d'D (e.g., 54 years old) operated by the victim C (e., 40 years old) who was under the signal waiting at the center line on the right-hand side due to the failure of operating the steering gear properly, and obstructed the center line by the left-hand side of the center line, leading to the left-hand side of the said SM5 vehicle by the victim D(e.g., 54 years old), and continued to receive the front-hand part of the EM7 vehicle driving by the victim D(e.g., the left-hand side of the said SM5 vehicle).

Ultimately, the Defendant, by such occupational negligence, caused the victim C to suffer bodily injury, such as fluoral salt, fluoral, etc., to the victim C in need of approximately two weeks of treatment; the victim D’s base salt, tensions, etc., which require approximately two weeks of treatment; and the victim FF (57 years of age) who was on the said SM7 car, suffered bodily injury, such as the impairment of double fluorality, fluoral, etc., which requires approximately two weeks of treatment.

Accordingly, the defendant is unable to drive a car normally due to the influence of drinking, and the victim is injured by driving the car above SM5.

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