beta
(영문) 서울중앙지방법원 2017.03.22 2016고단8565

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

On October 6, 2016, the Defendant driven a e-sports cargo vehicle B with alcohol content of 0.147% while under the influence of alcohol during the blood transfusion on October 6, 2016, and led to the operation of a e-sports cargo vehicle B in the same way as Seoul Jung-gu, Seoul, which is 15-gil 22 sexual church, as the front side of the e-mail.

At the time, the Defendant sniffed, thrhddddddddddy, rhdyddyd, strhdyd, walked with the string while walking with the string and walking with the string of the inside, and the grhdydyd, so that the Defendant failed to accurately operate the string and the right and the right and the right and right of the vehicle under the influence of alcohol and failed to accurately operate the steering gear, brake system, etc. of the vehicle, etc., at the front part of the above hydydyd vehicle of the victim C (V, 33 years old) who stops at the front section of the above hyd sports cargo vehicle.

Accordingly, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, thereby causing the injury of the victim E (the victim E (the 37 years old) by driving the motor vehicle, such as clocks and tensions, which require a two-day medical treatment for the victim C, and causing the injury of the victim E (the 37 years old) by driving the motor vehicle.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A written statement on the occurrence of each traffic accident;

1. A traffic accident report;

1. Fact-finding reports on the situation of the driver involved in driving, reports on the detection of the driver involved in driving, records on the measurement of drinking, and inquiries about the results of regulating drinking;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act concerning the facts constituting an offense, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily harm to the driving of a motor vehicle) concerning the same offense;

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. The victims of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act were incurred.