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(영문) 전주지방법원 2018.05.15 2018고정67
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

A. 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 BM520 vehicles owned by the Defendant.

On October 2, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.186% during blood alcohol level around 19:30, while driving the said vehicle, and proceeding about 40-50km/h (Defendant’s statement) at a speed of about 40-50km/h from the middle station of the Asia-gu Seoul Metropolitan City (Gu).

In such cases, all drivers shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and have a duty of care to properly see the traffic situation on the front side and to prevent accidents in advance by safely driving.

Nevertheless, as the Defendant neglected to perform his duty at the front time due to the driving of a dice, the Defendant was negligent in the course of duty, and the part behind the FMW vehicle of the victim E (31 tax) waiting in the same direction as that of the above SM520 vehicle.

As a result, the Defendant suffered injury, such as salt, tension, etc. of the bones of wood, which requires approximately two weeks of medical care to the victim E by negligence in the course of driving a car in a situation where normal driving is difficult due to influence of alcohol.

B. Violation of the Road Traffic Act (drinking driving) driving the said vehicle under the influence of alcohol 0.186% in the section of about 5 km from around 30-1m to the place like paragraph (a) at the end of 30-1 meti-gu, U.S.-si bank in the city of U.S. in the same day as paragraph (a).

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on the detection of a principal offender;

1. Statement on the circumstances of the driver involved and investigation report;

1. A report on whether to drive any danger;

1. Statement;

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 the Criminal Act concerning criminal facts and the choice of punishment.

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