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(영문) 창원지방법원 2017.04.18 2016고단4235
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person engaging in driving a rocketing car.

On August 15, 2016, the Defendant driven the above vehicle at around 22:55, while driving the vehicle, and had a duty of care to take the front side and the left side of the vehicle driving on the side of the Ho-dong Jeju apartment at night and on the road in such a situation as to make it difficult to walk normally in a red state due to the influence of alcohol by 0.173% of alcohol during blood, and thus, the Defendant was under the influence of drinking at 0.173% of alcohol while driving the vehicle. In such a case, the Defendant had a duty of care to take the front side and the left side of the vehicle and drive the vehicle safely.

Nevertheless, under the influence of alcohol, the Defendant neglected it and neglected to drive in the front place while it is impossible for the Defendant to drive in a normal condition, and received the right side of the victim E (26 years) who was on the right side of the driving direction, followed the elbbbows to the right side of the said car.

Ultimately, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as salt dynasium in detail, which requires approximately three weeks of treatment.

2. On August 15, 2016, the Defendant was driving a motor vehicle in a sobuled state under the influence of alcohol content of about 0.173% from the Do in front of the fact that, around 22:5, the Defendant was on the CU heading 47, the JU heading-ro, the Chang-gu, the Chang-gu, the CU heading-ro, the CU heading-ro, the CU heading-ro, which is located in the same Gu C, to the D front road located in the same Gu C.

Summary of Evidence

The application of Acts and subordinate statutes to the Defendant’s legal statement E and F’s report on the actual condition of the State driver’s statement in each police report

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts.

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