logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.10.16 2018고단1178
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 driving a BMW 520d car.

On May 2, 2018, the Defendant, while under the influence of alcohol 0.117% during blood transfusions, driven the said BMW 520D car, and continued three-lane roads in front of the “D cafeteria” located in Ysan-gu, Jeonju-si, Jeonju-si, along with three-lanes from the boundary of the Korean Agricultural and Fisheries University at Jeonju-si.

At the time of the defendant's frontline, the Fchip car driven by the victim E (47) was stopped to the traffic signal atmosphere, so there was a duty of care to prevent the accident in advance by accurately manipulating the brake system to prevent the person engaged in driving service.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to properly operate the brake system, received the back portion of the said BMW 520d car from the front part of the said BMW 520d car, and suffered injury, such as the victim E, Dong passenger G (46 tax) and the victim H (55 tax) for approximately two weeks of treatment.

As a result, the Defendant was injured by the victims by driving the said BMW 520d car in a state where normal driving is difficult due to the influence of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on traffic accidents and a survey report on actual condition;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

1. Statement report on the situation of the driver at the main place and investigation report;

1. A report on whether to drive any danger;

1. Statement protocol (E);

1. A medical certificate;

1. Investigation report (related to failure to prepare the victim's statement protocol);

1. Application of each medical certificate and the Acts and subordinate statutes for inquiry by residents;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

arrow