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(영문) 수원지방법원 성남지원 2019.08.28 2019고단1221

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

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

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was inaccurate on April 8, 2019 that the Defendant was under the influence of alcohol of 0.149% in blood alcohol concentration on a 03:05, and was under the influence of normal driving, such as a big distance, and was under the influence of driving a B-to-purd vehicle with a view to going to the opposite in the vicinity of the 192 Suwon Park Young-gu, Incheon, Michuhol-gu, Incheon, the Defendant was under the influence of the central line and was under the influence of the victim C (the 40-year-old driver) who was under the direct line under the direct line of the victim C (the 40-year-old driver) who was under the direct line under the direct line

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered from the injury of the victim C, and the victim E, who is a taxi passenger, such as catum salt for about two weeks, respectively.

2. Around 03:05 on April 8, 2019, the Defendant driven a B-hurged car with a blood alcohol concentration of 0.149% under the influence of alcohol on the road near the entrance park at approximately 100 meters near the Suwon Park.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in C (Simplified traffic);

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the pertinent criminal facts, and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., the first offender, the degree of injury suffered by the victims is relatively minor and agreed upon);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant is under the influence of alcohol in sentencing of Article 334(1) of the Criminal Procedure Act.