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(영문) 제주지방법원 2018.01.19 2017고단2691

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. On July 30, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was waiting for a signal at the front direction of the Defendant’s running of the said motor vehicle in the course of driving the motor vehicle under the influence of alcohol content of 0.153% under the influence of alcohol while driving the motor vehicle at the Han River Eup Office in Jeju-si on the right side of the Han River Office in Jeju-do.

D Driving’s E K5 vehicles received from the front part of the above wing truck and received from the F (F, 38 years old) boarding the said vehicle for two weeks, resulting in injury such as finites, which requires two-day medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driven the above wing truck with alcohol content of 0.153% under the influence of alcohol at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs and reports on traffic accidents (on-site survey reports);

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes of a medical certificate;

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 punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the aggravated punishment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, but to the extent that it is aggregated with the maximum amount of two crimes);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment is that the Defendant neglected to pay attention to the Defendant while getting on and moving the above wing and cargo vehicle with his spouse and his/her father and wife so that the accident occurred due to the Defendant’s total negligence, and the alcohol concentration in the blood of the Defendant at the time.