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(영문) 전주지방법원군산지원 2020.09.25 2020고단924
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in K7 car.

On June 5, 2020, the Defendant was under the influence of 00:54% of blood alcohol concentration 0.114%, and the Defendant continued to turn to the left at the speed of about 30km in the direction of medical center distance from the direction of the front line of the home line, which is located in 83 in the name of the Sinsan-si, Sinsan-si.

In such cases, the driver of the motor vehicle has a duty of care to properly operate the brakes and safely drive the motor vehicle in accordance with the new code by properly looking at the front side.

Nevertheless, due to the negligence that the Defendant neglected this and failed to properly operate the front and left-hand turn system due to the violation of the straight line of the front bank and the left-hand turn, the Defendant was found to have taken the front-hand part of the victim C(the age of 45) driving, which was driven in accordance with the straight line in the direction of the front intersection in the direction of the intersection between South and North Korea, as the front-hand part of the car operation.

After all, the Defendant, while driving the said K7 vehicle in a state where normal driving is difficult due to influence of drinking, such as red, long-distance, and non-driving according to signals, was inflicted on the victim E (Nam, 46 years of age) who was on board the vehicle with the above knife, tension, etc. in need of approximately two weeks of treatment for the above knife and tension.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer in relation to C and E (Simplified traffic);

1. Report on the occurrence of a traffic accident, report on the actual condition, survey report on the accident site, photograph on the accident site, report on the circumstantial statement of a driver, investigation report, report on whether a driver is in danger, and report on the results of the control of drinking driving;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and the choice of punishment.

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