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(영문) 의정부지방법원 고양지원 2017.11.23 2017고단2968

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle B EF in driving another vehicle.

On June 16, 2017, the Defendant: (a) driven the said car at around 06:15, while driving the said car and driving four-lanes of the four-lanes in the vicinity of the Triju City into the door-free gate in Seoul, the Defendant was inaccurate that he was under the influence of alcohol farming 0.323% during blood while driving the four-lanes in the vicinity of the Criju City, Seoul, while he was driving the four-lanes in the vicinity of the Criju City; and (b) he was negligent in performing his duty of care in a state where he was unable to drive normally, such as a large distance of walking, while he was negligent in driving the car at the front time, and then he was faced with the Dpoter II of the victim C (45 years) who was prior to the driving of the EFM or the part of the vehicle before the EFM.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a soft car with alcohol content of 0.323% under the influence of alcohol at a temporary place, such as Paragraph 1, at the same time as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A survey report on actual conditions, a traffic accident occurrence report, and an appraisal report on alcohol concentration in blood;

1. Medical certificate (C);

1. Application of statutes on site photographs;

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, 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order was very high in alcohol concentration in the blood of this case.

However, in consideration of the fact that the defendant's mistake is recognized, the injury suffered by the victim is not severe, the fact that the victim has agreed smoothly with the victim, and there is no record of punishment due to drinking driving, etc., the punishment as set forth in the order shall be determined.