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(영문) 광주지방법원 2020.06.11 2020고단554
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 12 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 B mother car.

On December 14, 2019, at around 15:00, the Defendant driven the said car with a blood alcohol concentration of 0.218%, and moved to a two-lane between the two-lanes in the northwest-gu, Gwangju, by moving to the street near the art death distance of 137, as the northwest-gu, Gwangju, while moving to a two-lane between the two-lanes.

In this case, the driver has a duty of care to operate direction direction, etc. to give notice of change of course, and to change the car line safely by making the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected this, while driving a vehicle while normal driving is difficult due to influence of drinking, and changed the vehicle due to the negligence of changing the vehicle while driving the vehicle as one-lane, received the front front part of the victim D(32 years of age) driving with the rear wheels of the vehicle driving in front of the driver's seat of the vehicle.

As a result, the Defendant suffered injury to the above victim, such as salt, tensions, etc. requiring medical treatment for about two weeks due to the above occupational negligence, and damaged property to cover the amount of KRW 1,700,376 of the repair cost for the above car-free car.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. A report on the occurrence of a traffic accident, a report on the actual condition and a circumstantial report (whether or not a dangerous driving is permitted);

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. A motor vehicle inspection and maintenance report;

1. Application of the Acts and subordinate statutes on CDs (Eknife) video data of Ma2 Vehicle Trackbs;

1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (3) 1 and Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of Trade Competition.

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