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(영문) 전주지방법원 2018.04.17 2018고단8

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle BM7 vehicle volumeing.

On October 28, 2017, the Defendant driven the above vehicle at a 252-lane in the front of the Central Madsan-gu, Seoul Special Metropolitan City, 01:20 on October 28, 2017, and driven the two-lanes between the two-lanes in the direction of Sknif in the direction of Sknif in the direction of Sknif in the direction of Sknif.

In such a case, a person engaged in driving service has a duty of care to drive safely by checking well the right and the left and right of the vehicle. However, the defendant did not avoid the bicycle driven by the victim C (72 tax) who was parked in order to cross the road on the two-lanes in the same direction by driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking while neglecting this duty, and the defendant did not avoid the bicycle, and the victim was injured by the dump and the tension in need of two weeks of treatment with the bicycle by shocking the paper stuff loaded after the bicycle to the right side of the above vehicle.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven the BM7 vehicle volume in the state of alcohol alcohol level 0.230% under the influence of alcohol level 0.230% from the 1km section at the center corresponding to the central friend in the Dong-dong, Sonsan-gu, Seoul Special Self-Governing City, Nowon-gu, Seoul Special Metropolitan City, to the roads adjacent to the so-called Seono-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation into the actual condition of traffic accidents;

1. Notification of the results of regulating driving of alcohol;

1. A dangerous driving report;

1. Response to a request for appraisal;

1. Statement;

1. Application of Acts and subordinate statutes to copies of diagnosis certificates;

1. Relevant legal provisions concerning criminal facts;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;