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(영문) 전주지방법원 2019.01.29 2018고정580
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the operation of the Crocketing vehicle owned by the Defendant(B).

On August 26, 2018, the Defendant driven the said vehicle under the influence of alcohol level of 0.197% on blood alcohol level around 23:59, and followed the said vehicle at a speed of 10km per hour (the Defendant’s statement) toward the entrance of the parking lot from the direction of the Fininin building, after driving the said vehicle under the influence of alcohol level of 0.197%.

In such cases, all drivers shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and have a duty of care to prevent accidents in advance by returning the traffic situation in the future and safely driving.

Nevertheless, under the influence of alcohol, the Defendant neglected the duty of follow-up drinking and was parked in the rear side of the victim G (23 years old) drive of the said rocketing vehicle due to the occupational negligence that took place, and received the front wheel part of the said rocketing vehicle.

As a result, the Defendant suffered injury, such as salt, tension, etc., in the event that it is difficult to drive a car normally due to the influence of drinking, by negligence in the course of business that drives the car, which requires approximately two weeks medical treatment to the victim G.

B. Violation of the Road Traffic Act (A) (A) the Defendant driven the said vehicle while under the influence of alcohol at approximately 0.197% of alcohol level in the private parking lot after the Defendant was in the Sogjin-gu D at the time of temporary border, such as paragraph (a).

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. The circumstantial report;

1. Statement;

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 and Article 148-2 of the Road Traffic Act concerning criminal facts as well as Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes

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