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(영문) 창원지방법원 2019.02.14 2018고단3181

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle in B.

On October 09, 2018, the Defendant driven the said car under the influence of alcohol concentration of 0.197% on blood alcohol level around 04:03, while driving the said car, and driving it on a two-lane road in the city of Changwon-si in the Changwon-si, the Defendant was driving along the one-lane of the C building room at the front of the guard room in the Dong.

At night, even though the defendant was at night and was a honder hondro to the left side, he was under the influence of alcohol, and he was found to have been in the front part of the vehicle.

As a result, the Defendant driven the said vehicle in a state where normal driving is difficult due to the influence of alcohol such as being red, not walked well, and speaking, etc., and led to the injury of the said passenger E (ma, 22 years old) by driving the said vehicle, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. A medical certificate;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act; the selection of each fine for a crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the Defendant driven a blood alcohol concentration at 0.197% and caused the instant accident by driving in the state of drinking. The degree of injury suffered by the victim is also hot.

However, the defendant is aware of and reflects on the time of committing a crime, there is no previous conviction, and the victim agrees with the victim.