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(영문) 전주지방법원 군산지원 2018.08.08 2018고단556
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On April 22, 2018, the Defendant, at around 03:30 on April 22, 2018, driven the said vehicle under the influence of alcohol level of approximately 0.163% from the parking lot of the veterans center located in the Sinsan-si Cultural Do, Sinsan-si, Sinsan-si to the KOsan-dong Intersection, while driving the said vehicle at around 2km to the left-hand left-hand-hand side of the U.S. distance.

At the same time, in the case of an intersection where signal lights are installed, a person engaged in driving service has a duty of care to safely drive in accordance with the signals, to properly see the right and the right of the front, to accurately manipulate the steering direction and the brake system, to prevent accidents from occurring.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding in violation of the signal while driving in a manner that is difficult to drive normally, brought the part on the right part of the victim E(59) drive, which was directed on the right side from the left side, to the right part of the victim E(59) drive.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the said victim, such as salt, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to the traffic accident report, the report on the results of regulating drinking driving, the report on the situation of the driver in charge of driving, the investigation report, the circumstantial report (whether or not the driver in charge is in danger of driving), and the written diagnosis;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 (Punishment) of the Criminal Act for the aggravation of concurrent crimes.

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