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(영문) 서울동부지방법원 2018.07.18 2018고단1762

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of a rash vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On April 7, 2018, the Defendant driven the said vehicle under the influence of alcohol content of 0.166% during blood transfusion at a 02:30%, and driven the said vehicle at an rapid speed of 1 lane in front of Songpa-gu Seoul Metropolitan Government along the boundary of the playground, along with one-lane in the direction of the scam market, the Defendant shocked the front part of the said vehicle, which is the top part of the Eststra vehicle operated by the victim D, who stops under the new subparagraph in the front part of the said vehicle, in the direction of the scamba.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered from the injury of the climatic salt that requires approximately two weeks medical treatment to the victim.

2. Around 02:30 on April 7, 2018, the Defendant driven a rash car with approximately 7 km section from the front day of the Gangnam-gu Seoul Gangnam-gu Military Infection House to the front day of the Seoul Songpa-gu Seoul, while under the influence of alcohol content of 0.166% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A survey report on actual condition, a report on the detection of drinking records, and a report on the detection of a driver engaged in driving;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

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. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of each crime is aggregated);

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The driving of drinking alcohol is likely to increase the possibility of traffic accidents and thus lead to a dangerous criminal who is not only himself/herself but also to the life and family of another person, and the defendant is normal.