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(영문) 전주지방법원 2017.04.18 2016고단2469
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. On December 16, 2016, the Defendant driven D Poter II cargo while under the influence of alcohol content of about 0.135% in the section of about 3km from the luminous to the front road of the gas station in the Yansi-si, Jeonju-si, Jeonju-si, if the Defendant was in the north-do, the Defendant driven D Poter II cargo while under the influence of alcohol content of about 0.135% in the section of about 17:20.

2. The Defendant is a person who is engaged in the driving of the DPoter Ⅱ in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

around 17:20 on December 16, 2016, the Defendant driven the above cargo vehicle with alcohol level of 0.135% while driving on the same side in front of the gas station C located in the front of the gas station in the front city in the front city of the front city. While normal driving is difficult due to the influence of drinking, the Defendant was negligent in breaking the center line before and after, without sufficiently examining the traffic situation at the right and the right and the right and the right and the right and the driving part of the F-II driver’s car driving seat of the victim E (49 years old) who stopped to avoid collision while normally driving the vehicle at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and right are

Accordingly, the Defendant caused the above occupational negligence to the victim G (40 years) who was on the same vehicle as the victim E and the same vehicle due to the occurrence of the injury to the victim and the victim G (40 years).

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the detection of a primary driver;

1. A report on whether to drive any danger;

1. The actual investigation report on traffic accidents;

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;

1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.

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