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(영문) 의정부지방법원 고양지원 2018.07.19 2018고정578
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Around 18:20 on December 13, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving a Bbenz E20d motor vehicle, and was driving at the first line in front of Hyundai Trackdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong as one-lane from the center to the bank at the center. While the Defendant was under the influence of alcohol due to occupational negligence by which he was unable to drive normally while driving under the influence of 0.161% of alcohol concentration in the blood while the Defendant was under the influence of alcohol, such as 0.161% of walking, she was under the influence of the victim to turn to the left at the center of the intersection, the Defendant was under the influence of the victim’s vehicle at the left side of C and the rear part of the Defendant’s left side.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said Benz car in a drunken state with a alcohol content of about 0.161% from the 3km section of approximately 0.3km to the place indicated in paragraph 1 on the road located in Seo-gu, Seoyang-gu, Seoyang-gu, Busan Metropolitan City at the time of the day indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, inquiry into the results of crackdown on drinking driving, the statement report on the situation of the driver in charge, photographs on the impact of the vehicle involved in the accident, photographs on the scene of the accident, and medical certificate (E Han Council member);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of danger, the choice of a punishment), and Articles 148-2 (2) 2 and 44-2 (1) of the Traffic Act on the Doroposites;

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

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