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(영문) 수원지방법원 안산지원 2018.07.25 2018고단1443

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On March 5, 2018, the Defendant: (a) driven Bone Star Cargo at approximately 0.133% alcohol level in the section of approximately 1.5km from the upstream of the upper water zone in Ansan-si, Ansan-si; (b) around March 5, 2018, the Defendant was under the influence of alcohol leveling from around 06:20 to the road in front of the upper water zone in Ansan-si, Ansan-si; and (c) during the influence of alcohol leveling to approximately 1.5km.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) was driven by the Defendant at a speed that cannot be seen as a one-intersection on the part of his blood, while under the influence of alcohol level of 0.133% in front of the 1st century of his/her upper distance in Ansan-si, Ansan-si, Ansan-si, Ansan-si.

The Defendant, while under the influence of alcohol, rhythm the face, rhym and walked, was driven by the Defendant, but the said Lone Star Cargo was parked on the left side of the victim C(63) who was parked on the front side, followed the part on the left side of the said Lone Star Cargo, and received the front left side of the said Lone Star Cargo Cargo.

As a result, the Defendant, while driving the said Lone Star Cargo Vehicle under the influence of drinking, was unable to drive normally, and the Defendant sustained injury to the victim E (the victim E (the 59 tax) who was on board the said high-speed car in order to provide approximately two weeks medical treatment to the victim C, and suffered from the injury of the high-speed salt, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A E-document;

1. Each written diagnosis for C and E;

1. A survey report on actual conditions, a traffic accident occurrence report, and a statement on the circumstances of the driver involved in driving;

1. Application of statutes on field photographs;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.