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(영문) 춘천지방법원 강릉지원 2017.06.08 2017고단376

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

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

Reasons

Punishment of the crime

1. On February 22, 2017, the Defendant: (a) driven a fluoral vehicle under the influence of alcohol with a 0.125% alcohol concentration from the 3km section of approximately 3km from the day before the junc road in Gangseo-si, Gangnam-si; (b) around 21:50, the Defendant driven a fluoral vehicle under the influence of alcohol with a blood alcohol content of 0.125% from the 3km section from

2. The Defendant is a person who is engaged in driving a motor vehicle D in driving another motor vehicle.

On February 22, 2017, the Defendant, while under the influence of alcohol, driven the said car at around 21:50, and continued to drive the said car at the seat of the Gangwon-si University, Gangwon-do, with the road of one lane in front C, from the seat of the Gangwon-si University.

Since there is a place where the center line of yellow solid lines has been installed, there was a duty of care to safely drive a person engaged in driving service without breaking the center line.

Nevertheless, the Defendant neglected to drive a motor vehicle under the influence of such drinking as above and neglected to do so, thereby leading up to the left-hand part of the Fenetop motor vehicle driven by the injured party E (I, 44 years old) with the top-hand part of the driver's vehicle in front of the left-hand part of the driver's vehicle in the central line.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. Photographs related to accidents;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, and report on whether to drive any danger;

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

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 of the Criminal Act to attract a workhouse.