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(영문) 서울남부지방법원 2017.09.07 2017고정1324

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

1. On February 22, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Hazardous Driving) was under the influence of alcohol 0.201% in blood, while driving a bomb golf car in the state that it is difficult to normally drive due to the influence of drinking, such as harming the body and drinking at the face, etc., while driving the bomb golf car, and driving the 3rd line road in front of the “D Hospital” located in Yangcheon-gu Seoul Metropolitan Government on the new line along the two-lane road from the IC on the front side of the new month, while driving the bomb-si in the middle of the new line and driving the bomb-si, not operating the steering gear and brake system properly, the Defendant was in the occupational negligence of neglecting the front day of the said bomb-si, and caused the victim to suffer from the 2nd day of the said 2nd day by taking the victim’s injury in the front of the said 2nd day.

2. Around 20:50 on February 22, 2017, the Defendant driven a “price” restaurant located at the center of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, with approximately 2km from the 66m section to the “D hospital” road located in the same Gu C, under the influence of alcohol concentration of 0.201% during blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the detection of a primary driver;

1. A written statement of traffic accident occurrence status prepared by E;

1. A traffic accident report;

1. On-site reports (the substitution of the above dmark formula);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;