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(영문) 전주지방법원 2017.05.16 2016고단2345

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of 20 million won.

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

Reasons

Punishment of the crime

1. On November 6, 2016, the Defendant driven a car with alcohol level of 0.135% in a state where normal driving is difficult due to a alcohol level of at least 0.135% while under the influence of alcohol, and proceeded to turn to the left one way among the two-lanes of the two-lanes of the Do-do-do-do-do-U.S. University at Jeonju-ro, 303, a knife-si, U.S. University at 303, U.S. University at Jeonju-do-ro, and the distance from the knife-do-si

2. As above, Defendant D by negligence in violation of the signal while driving a car as above, caused the victim D and E to build the crosswalk in accordance with the pedestrian signals from the left side of the Defendant’s running direction to the right side of the Defendant’s driving direction, respectively, by taking the side of the Defendant’s vehicle’s left side, and due to the shock, Defendant D suffered approximately six weeks of external blood transfusions, etc., which require D to provide approximately six weeks of medical treatment, and Defendant E to suffer approximately six weeks of non-pel frames, etc.

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 report on whether to drive any danger;

1. The actual investigation report on traffic accidents and on-site photographs;

1. Application of Chapter Two Acts and subordinate statutes to medical certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act 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. 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 favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: An agreement is reached between the victims, the vehicles covered by comprehensive insurance, and the Defendant did not have any record of driving under the influence of alcohol, etc.: The Defendant’s vehicle was driven in violation of the signal in the state of detention and caused a traffic accident by taking the victims of the crosswalks under the pedestrian signals as a vehicle and causing a traffic accident; the victims are shocked by the Defendant’s vehicle.