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(영문) 수원지방법원 2017.05.30 2017고단767

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

Criminal facts

The defendant is a person who is engaged in driving a Track Car B.

On February 7, 2017, the Defendant, while under the influence of alcohol level of 0.272% from the blood alcohol level of around 23:20 on February 7, 2017, was driving ahead of the lower-way road at the parallel of Suwon-si, Suwon-si, Suwon-si, the lower-way road toward Samsung T&T distance from the shooting distance from the Young-gu, Young-gu.

Defendant 1 did not flickly drive the steering gear in a situation where normal driving is difficult due to the above influence of drinking, and did not properly operate the steering gear, and was driven at the front of the Defendant, the back of the Dbera crack-cracked car driven at the front of the Defendant.

Accordingly, it is clear that Defendant E (22) is a clerical error in writing in the bill of indictment for a salt farm and a tension, which require approximately two weeks of treatment to the victim E (22 years) who is a passenger of the above ben't for the above ben't.

The injury suffered.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. A survey report on the actual traffic accident and a report on the detection of the main driver;

1. An accident scene photograph;

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

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 Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of two crimes) shall be aggravated for concurrent crimes;

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

1. Circumstances favorable to the defendant in sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

The degree of injury suffered by the victim is minor.

Vehicles operated by the defendant are covered by a comprehensive insurance.

The defendant agreed smoothly with the victim.

The defendant is an elementary offender who has no record of criminal punishment.

(b) the defendant;