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(영문) 수원지방법원 안양지원 2018.06.15 2018고정141

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of 6.5 million won.

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

Reasons

Punishment of the crime

The Defendant is engaged in driving a cargo vehicle B with 1.3 tons of freight.

On October 20, 2017, the Defendant tried to drive the said cargo under the influence of alcohol level of 0.111% among the blood transfusions on October 20, 2017, and to turn to the left at the hump inside the hump of Cuk-do, which is located inside the 45-ro of Manyang-gu, Manyang-gu, Manyang-do, Manyang-do.

Since there is an intersection where a signal is installed and a non-protective left-hand turn is possible, there was a duty of care to make a good report on the traffic situation of the intersection by temporarily suspending or making a left-hand turn prior to entry and driving safely.

Nevertheless, the Defendant, as seen above, driven the above cargo in a state where normal driving is difficult due to the influence of alcohol such as the development of a rhythm and face due to the influence of alcohol, and continued to enter the intersection and turn to the left as it is, was due to the negligence of the victim C(50) driving, who was directly driven pursuant to the new subparagraph, brought about about about about three weeks by the victim, who was driven by the driver, prior to the left-hand left-hand side of the said cargo vehicle, due to the shock of the victim’s hyth half in front of the left-hand side of the said cargo vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A traffic accident report, a report on the circumstances of the drivers of alcoholic beverages, an investigation report, and a report on the results of regulating the driving of alcoholic beverages;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photograph a fluorial vehicle, photograph of a damaged vehicle, on-site photograph of a police officer in mobilization, and photograph for accident images;

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 (1) of the Criminal Procedure Act concerning the order of provisional payment;