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(영문) 서울중앙지방법원 2012.10.19 2012고단2967
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around February 11, 2012, the Defendant was driving a DNA cargo vehicle under the influence of alcohol level of 0.150% at the section of approximately 2 km from the 341-4 km-dong, Dongjak-gu, Seoul, Seoul, to the roads near the New Road Station, Yeongdeungpo-gu, Seoul, while driving a DNA cargo vehicle under the influence of alcohol level of 0.150%.

2. On February 11, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (hereinafter “Aggravated Punishment, etc.”) committed an act of driving the above cargo vehicle on or around 18:30, and driving it on the front side of the Defendant’s driving vehicle, while driving it on the front side of the 341-4, Dong-gu, Seoul Metropolitan Government (hereinafter “Seoul”), the lower part of the FF car of the victim E (22 years old) who was parked in the front side due to his neglect of the duty of driving on the front side while it is difficult to drive it normally due to the foregoing, and failed to properly operate the

As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered from the injury of a shoulder shacker salt, etc., which requires a two-day medical treatment to the said victim E, and the injury of a climatic salt, tension, etc., which requires a two-day medical treatment to the victim G (the 22 years old) who is a passenger of the said motor vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. The police statement concerning G;

1. Copy of the E statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. A copy of the suspect's driver's license (including 16 pages and E statements);

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

1. Relevant Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving);

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

1. Selection of each alternative fine for punishment;

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

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

1. The order of provisional payment;

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