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(영문) 대구지방법원 2017.07.07 2017고정49

도로교통법위반(공동위험행위)등

Text

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

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

Reasons

Punishment of the crime

[criminal history] On June 23, 2016, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (drinking driving) at the Daegu District Court, and the judgment became final and conclusive on September 9, 2016.

[Criminal facts]

1. On February 28, 2016, the Defendant violated the Road Traffic Act (joint dangerous act) as a driver of the vehicle B K5 car, and committed a common dangerous act, such as causing harm to others or causing danger to traffic, by putting about about 20 km from the front side of a half of the road located in the Dong-gu, Daegu to the front side of the mountain village located in the Dong-gu, Daegu-gu, Daegu-do, along with 17 vehicles, such as D 130 passenger cars, etc. of the C driver, to the front, rear, or right or right or right or right or right or right or right or right or right or right or right or right or the right or right or right or right or right or duty or duty or duty or duty or duty or duty or duty or duty or duty of

2. On February 28, 2016, the Defendant violated the Road Traffic Act as a driver of BK5 car, and was driving a motor vehicle in distress, such as threatening another person or causing danger to traffic, by having been involved in any violation of the career change and any act of securing safety distance on the front side of a half of the road located in the Seo-gu Seoul Metropolitan City, Seo-gu, Seoul Metropolitan City.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation report (including attachment, etc. of the results of analysis of evidential data); 1. Investigation report (specific circumstances A of the driver of the vehicle in question), and lease contract of the vehicle;

1. Investigation report (Investigation into B Vehicle Moving Channels);

1. A photograph of a minated video;

1. Previous records: Application of Acts and subordinate statutes to the copies of each written judgment, the search screen of prosecution cases;

1. Relevant legal provisions of the Act and Articles 150 subparagraph 1, 46 (1) (a point of common danger), 151-2, and 46-3 of the Road Traffic Act concerning criminal facts, the selection of fines for negligence, and the selection of fines for negligence;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;