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(영문) 광주지방법원 2019.09.26 2019고단2760
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

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

On June 3, 2019, the Defendant, while under the influence of alcohol more than 0.10% of blood alcohol concentration on 07:15, the Defendant driven the said franchise-based car and continued the intersection in front of the “D Hospital” located in Gwangju Mine-gu C from the “E” page to the “F” page.

Since there is a center line of yellow-ray, there was a duty of care to reduce the speed in advance to those engaged in driving of motor vehicles, properly protect them, and accurately operate steering devices and brakes.

Nevertheless, the Defendant neglected this and failed to properly operate the steering gear and brakes in a state where normal driving is difficult due to influence of drinking, and failed to properly operate the steering gear and brakes beyond the central line, and caused the victim G (the 64 years old) driver's seat part of the passenger G (the 64 years old) driver's seat part of the traffic signal at the opposite vehicle, and caused the victim to suffer the injury of the dyp that affected the victim by the shock for about six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on each traffic accident;

1. Report on the circumstantial statement, investigation report, and investigation report (examination of the circumstances of a drinking driver);

1. A written appraisal;

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 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime, and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. The punishment of the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act to increase concurrent crimes is heavier;

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