(영문) 전주지방법원 2018.02.20 2017고단2362

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(영문) 전주지방법원 2018.02.20 2017고단2362

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

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) is a person engaged in driving a B car. On November 7, 2017, the Defendant driven the said car while under the influence of alcohol level of 0.130% during blood transfusion on November 11:55, 2017, and led the left-hand turn-hand turn-hand turn-off from among the three-lane roads in Seojin-gu Seoul Special Metropolitan City.

In such cases, all drivers shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and there was a duty of care to prevent accidents in advance by accurately manipulating the front, rear, left and right, and the steering and brake system.

Nevertheless, the Defendant was negligent in driving while driving in a state where normal driving is difficult due to influence of drinking, and proceeded without properly examining the front side, and caused the Defendant’s injury to the victim E (the age 24) who was in the front of the signal waiting at the direction of the Defendant’s driving, by shocking the back part of the Flap car of the victim E (the age 24) who was in the front of the said car, thereby facing about two weeks of the said car.

2. Defendant 1 driven a B car under the influence of alcohol concentration of about 0.130% from the 1km section from the road in front of the dwelling area G in Sog-gu, Sogjin-gu, Seoul Special Metropolitan City on the day immediately preceding the day specified in the above paragraph 1 to the front road of D in the same city-jin-gu, Seoul Special Metropolitan City.

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 the detection of a primary driver;

1. A report on whether to drive any danger;

1. The actual investigation report on traffic accidents;

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 as to the crime and Articles 148-2 and 44 of the Road Traffic Act.

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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