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(영문) 서울동부지방법원 2017.08.31 2017고단2028

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a EXE car.

On May 11, 2017, the Defendant driven the above vehicle under the influence of alcohol concentration of 0.127% while under the influence of normal driving due to blood alcohol around 06:40 on May 11, 2017, and led the Defendant to keep the front road of the Songpa-gu Seoul Metropolitan Government 501 01 mar high-level mar-ro 2nd from the edge of drinking mar.

At the same time, the driver of the motor vehicle had a duty of care to prevent accidents by not driving the motor vehicle under the influence of alcohol and driving the motor vehicle safely by checking the right and the right and the right of the motor vehicle.

Nevertheless, the Defendant neglected this and proceeded as it was due to the negligence of the Defendant, and received the part of the left back of the victim C's No. D's No. D's No. D's No. D's car in the signal waiting in front of the collision as the front side of the Defendant

In the end, the Defendant driven the above X-ray car while under the influence of alcohol as above, and suffered injury to the victim by negligence in the course of performing duties, such as salt dynasium, which requires approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecutor with respect to the prosecution;

1. Statement made by the police on the police;

1. A written statement of the occurrence of a traffic accident C;

1. A survey report on actual condition, a report on detection of a driver at the main place, a report on the circumstances of the driver at the main place, and an investigation report (Attachment to a written confirmation of the victim C);

1. Whether to output the measurement of drinking alcohol;

1. A medical certificate;

1. Application of the drug map at the scene of an accident, on-site photographs, and statutes;

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. Article 334 of the Criminal Procedure Act of the Provisional Payment Order