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(영문) 광주지방법원 2016.08.25 2016고단2348
특정범죄가중처벌등에관한법률위반(위험운전치사상)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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person engaged in driving a motor vehicle with B-to-purd motor vehicle.

On June 9, 2016, the Defendant driven the said car under the influence of alcohol level of 0.211% among blood transfusion around 08:10, and proceeded at a speed of about 40 km/h/h in speed from the Haak-dong side to the new Chang-dong along three-lane roads in front of the Dong forest post office located in 238 according to the Northbuk-gu, Gwangju.

At the same time, there were nights and transitions, and thus, a person engaged in driving service has a duty of care to prevent accidents by properly examining the right and the right of the front and the right of the front and rear.

Nevertheless, the Defendant neglected to drive normally due to such influence of alcohol and neglected to do so while driving, and the Defendant’s negligence led to the failure of the Defendant’s driver to drive the vehicle at the front section of the running direction of the Defendant’s driver’s vehicle, and caused the victim C (42 ) who was under a sudden stop due to the vehicle’s stop, to the front part of the Defendant’s driver’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to negligence in the above business.

2. Violation of the Road Traffic Act (drinking driving) driving the said vehicle under the influence of alcohol content of about 0.21% at the 3km section from the front of the restaurant that does not know the trade name in the Yongsan-gu, Gwangju, North-gu to the front of the forest post office located in 238 according to the same north-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. A medical certificate;

1. The circumstantial report;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Crime, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the same shall apply to the crimes;

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