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(영문) 광주지방법원 순천지원 2018.07.23 2018고정152
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

The defendant is a person who drives a low-speed car.

On January 31, 2018, the Defendant, while under the influence of alcohol, 0.121% in the influence of alcohol while under the influence of alcohol at around 18:25, the Defendant driven the said car and driven it at a one-lane distance in front of the National Agricultural Cooperative Federation, which is located in the center of Manyang-si (China-dong), while driving it normally due to the difficulty of driving such car, such as snow snowing, etc.

Since there was a vehicle waiting for the signal prior to the time, the person engaged in driving service had a duty of care to safely drive by accurately manipulating the steering right and the steering system, etc.

Nevertheless, under the influence of alcohol, the Defendant was driven by the E SP car driven by the victim D, who was negligent in driving as it is, and was driven by the Defendant, following the E SP car driven by the victim D.

After all, the Defendant suffered, by negligence, the victim D and the victim F, who was aboard the same vehicle as the above victim, about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each written diagnosis;

1. The application of Acts and subordinate statutes of reports on the occurrence of traffic accidents and on the state of driver's circumstances;

1. Article 5-11 (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the choice of a punishment, and the choice of a fine for each crime, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the selection of a fine for each crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on the Aggravated Punishment, etc. of Specific Crimes);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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