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(영문) 서울동부지방법원 2018.06.21 2018고단1203

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a BMW car.

1. On April 2, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) driven the said vehicle while under the influence of alcohol of 0.170% in blood on the front of Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu), driving the said vehicle along the two-lanes of the two-lanes between the two-lane 1 and the two-lane string distance from the grost distance flood of the valley, while changing the said vehicle to the one-lane, the Defendant shocked the victim D (35 years old) with the front part of the said vehicle operated by the Defendant as the one-lane.

As a result, the Defendant driven the said car in a state where it is difficult for the Defendant to drive the car normally while under the influence of alcohol, thereby suffering from the injury of salt and tensions that require approximately two weeks medical treatment to the victim.

2. Defendant 1 driven the said car at approximately 10 meters under the influence of alcohol content of 0.170% in blood at the same time and at the same place as stated in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident inspection report, a report on the detection of a driver in charge, a medical certificate, and a vehicle black image;

1. Application of Acts and subordinate statutes to a written statement on the occurrence of D traffic accidents;

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, 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 unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The circumstances favorable to the fact that the defendant has been punished for driving under drinking: The defendant divided his/her wrong and reflects his/her wrong, the defendant agreed smoothly with the victim, the degree of injury to the victim is not significant, and the defendant's age, sexual conduct, motive for committing the crime.