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(영문) 전주지방법원 2016.11.22 2016고단1360
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (driving) the Defendant driven a D low-speed car in the state of alcohol alcohol concentration of about 1km from the 1km section to the front road of the C Hospital located in B, from the water ring in the vicinity of the Yansan-gu Automatic Museum at Jeonju-si to the road in front of the C Hospital located in B.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) is a person engaging in driving a motor vehicle with D lowest P

around 23:30 on August 13, 2016, the Defendant, while driving the said vehicle under the influence of alcohol by driving the said vehicle at a 0.154% alcohol level, and driving the road in front of C Hospital B located in the front of the Yansan-gu Seoul-si at the right time to a lower apartment, was negligent in driving the vehicle without taking into account the traffic conditions of the front and rear right in the situation where normal driving is difficult due to influence of alcohol, while driving the vehicle at the right to the front and rear at the right to the right to the front and the right to the front and the right to the traffic at the time and the end of the vehicle at the right to the front and rear (56 years old) of the victim E (56 years old) who stopped for signal at the right to the front and the right to the traffic.

As a result, the Defendant caused an accident due to the above occupational negligence, and suffered injury to the victim G (V, 55 years of age) who was operating on the said earth and car with approximately two weeks’ medical treatment, such as cryp, tension, etc. of the bones of trees, which requires approximately two weeks’ medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G statements;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Voluntary report;

1. Notification of the results of the drinking driving control, copy of the ledger using a drinking measuring instrument, report on whether a drinking driver is in danger, the circumstantial statements of a drinking driver, the appearance, uniforms, language, and attitude of a drinking driver;

1. A copy of each written diagnosis;

1. Application of Acts and subordinate statutes to accident scene and accident vehicle photographs;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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