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(영문) 청주지방법원 2018.07.19 2018고단371

특정범죄가중처벌등에관한법률위반(위험운전치상)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

The Defendant is a person engaging in driving a CR-V car.

On January 27, 2018, the Defendant driven the said car under the influence of alcohol content of 0.113% during blood transfusion, and neglected to drive the said car on the roads located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, while neglecting to drive the said car on the front of the road, and caused negligence, which was directly engaged in LG chemical air-proof on the gG chemical air, and f. 5 taxi operation of the victim E ( South, 63 years old) who was under suspension of the atmosphere due to the signal prior to the c.e., the front part of the Defendant vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in a brush that requires approximately two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

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

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

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, to the extent that the aggregate of the maximum amount of the crimes above two crimes prescribed in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) [Scope of Recommendation] General traffic accidents of category 1 (Bodily Injury resulting from Traffic Accidents) (one month to eight months) in the mitigation area (special mitigation person], and minor injury occurs (one type);

(b) Scope of modified recommendation: Imprisonment with prison labor for not less than six months (the concurrent crimes with the crime of violating the Road Traffic Act (dacting driving) for which no sentencing criteria are set and the minimum limit of sentencing for the crime for which the sentencing criteria are set shall be observed, and the punishment shall be taken into account).