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(영문) 수원지방법원 안산지원 2020.02.13 2019고단3824
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. From August 15, 2019, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) (hereinafter “Aggravated Punishment, etc.”) was a person engaged in driving a BA-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

At the time, since it is night and a long distance intersection, a person engaged in the driving of a motor vehicle has a duty of care to safely operate the steering system by properly operating the steering and steering system of another motor vehicle.

Nevertheless, according to the second paragraph to the left-hand turn due to the influence of alcohol due to the blood alcohol level of 0.141%, the Defendant received the first part of the victim H I NA car driving from the direction of G Elementary School to F Hospital in front of the Defendant’s vehicle in accordance with the first subparagraph to the left-hand turn.

As a result, the Defendant suffered from the victim’s salt, tension, etc. in need of approximately two weeks’ medical treatment due to such occupational negligence.

2. At the time specified in Paragraph 1, the Defendant driven the said vehicle under the influence of alcohol level of 0.141% in the section of approximately 3 km from K in the city of Ansan-si to D in the same Gu of Dong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Investigation report (victim H telephone call);

1. Place where the drinking alcohol measurement is recorded;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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