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(영문) 서울서부지방법원 2018.10.04 2018고단2193

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a cruise car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 7, 2018, the Defendant driven the said car while under the influence of alcohol content 0.201% in blood at around 07:04, while driving the said car, and driving the intersection in front of the said car to the intersection from the direction of the red-ri mountain father and the intersection from the direction of the slowly in Mapo-gu Seoul, Seoul, the Defendant received the front part of the victim C (64 years old) driving, following the D taxi driven in the front part of the said car, which was driven by the Defendant, by negligence, while the Defendant was unable to drive normally due to the influence of drinking, due to the influence of drinking, such as red, non-distance, and snow snowing.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said vehicle under the influence of alcohol with 0.201% alcohol concentration in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The volume of alcohol concentration in blood shall be high;

o favorable circumstances: The degree of injury to the victim is relatively minor, and the harming Vehicle is covered by the comprehensive motor vehicle insurance, and the defendant is the first offender.

The age, gender, and age of the defendant in the same circumstances as o or above.