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(영문) 전주지방법원 2017.03.21 2016고단2293
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 CM6 vehicle.

1. On December 3, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.104% in blood at around 01:5 on December 3, 2016, and proceeded with the road of the two-lanes in the front line of the front line, located in the 24-1-lane 24-1 of the crimes in the front line of the front line of the front line at the speed of about 30km from the front line to the front line of the front line.

At the time, the surrounding area was kept at night, and there was an intersection where signal lights are installed at the front of that place, so the driver of the motor vehicle had a duty of care to safely drive the motor vehicle after checking the front side and the right and the right and the right of the motor vehicle, and whether there are other motor vehicles waiting for signal, and to prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant found the victim D(W, 22 years old) who was in the atmosphere of the signal at the front of the area where the Defendant was negligent in driving, and found that the Defendant was late behind the EK5 car operated by the victim D(W, 22 years old). As part of the front of the said SM6 car, the victim FF (22 years old) who was on board the said K5 vehicle received the rear part of the said K5 vehicle, and got the victim and the victim FF (22 years old) who was on board the said 5 vehicle, suffered from the injury, such as salt, tension, etc. in need of approximately two-day medical treatment.

2. While the Defendant was under the influence of alcohol content of 0.104% in blood, the Defendant driven the said car at approximately 4 km from the front Yancheon-gu, Samcheon-dong, Samcheon-gu, Jeonju-si to the front 24-1 of the crimes in the front Donsan-gu, Jeoncheon-gu, Jeoncheon-gu, Jeonju-si to the front Donki-si.

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 whether to drive any danger;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes (Chapter 2);

1. Article 3(1) and the proviso of Article 3(2)8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act (the occupational and de facto occupation), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts.

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