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(영문) 전주지방법원 2017.10.31 2017고단1454
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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Defendant shall be punished by a fine of seven million won.

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 a vehicle in B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On June 30, 2017, the Defendant driven the said vehicle at around 00:05 with alcohol level of 0.185% in a state where normal driving is impossible due to the influence of alcohol level. However, the Defendant driven the said vehicle at around D in front of the front road in Yansan-gu, Jeonju-si, and driven the center line at the intersection of “the distance desired to walk” on the two-lane between the two-lanes, while driving the said vehicle at the center, and making a left-hand turn at the center. The Defendant sustained the victim E (35 years old) driving in the front part of the victim E (35 years old) driving in the middle of the two-lanes in the long distance from the back of the backline in the parallel.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven a B-wing vehicle under the influence of alcohol content of approximately 0.185% from the section of approximately 3 km from the road near dry field Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-si, Jeonju-si, to the front side of D-gu, Jeonju-si.

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 whether to drive any danger;

1. Investigation into the actual condition of traffic accidents;

1. Application of Acts and subordinate statutes of a medical certificate;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act provides that vehicles are covered by comprehensive insurance, the degree of damage to the victim is not serious, the defendant does not have any criminal record, and the age of the defendant is different.

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