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(영문) 전주지방법원 2017.09.26 2017고단1345
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving of Cranchis in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On July 1, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.237% during blood transfusion on July 1, 2017, while driving it normally is impossible to drive due to the influence of alcohol leveling 0.237%, and the Defendant driven the said car in front of the road located in Yansan-gu, Seoul Special Metropolitan City.

In this case, the driver has a duty of care to prevent accidents by accurately manipulating the front and rear left and left, and the steering gear of the driver.

Nevertheless, the Defendant did not fulfill his duty of care due to the influence of alcohol as above, thereby resulting in injury to the injured party J(Y, 62 years old), K (Y, 70 years old), and K (V), by occupational negligence, which discovered late the Gpoter car of the injured party F (V) who was waiting in the signal line at the Defendant’s front of the vehicle, and then caused the injured party J (V, H, and the same passenger car of the injured party who was waiting in the front of the vehicle, and caused the injured party J(S, 62 years old), K (V, 70 years old), to suffer from eroculation and tension that require the treatment of about 2 weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a Coper vehicle on the road within about 500 meters from the Cheongjin-dong, Co., Ltd., Ltd., which is located in Samcheon-dong in Jeonju-si to the place referred to in paragraph (1), while under the influence of alcohol concentration of 0.237% during the day-to-day alcohol level on the road under paragraph (1).

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 each written diagnosis;

1. Specific crimes provided for in the corresponding provisions of the Act regarding criminal facts.

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