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(영문) 수원지방법원 평택지원 2019.09.19 2019고단590
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

The Defendant is a person who is engaged in driving of Bone Star Car.

On April 9, 2019, at around 06:20, the Defendant driven the said car with a blood alcohol concentration of 0.109% 0.10%, and led to the Defendant’s operation of the said car into the air-proof area near Pyeongtaek-si, Pyeongtaek-dong 329-3 (Stang-dong 329-3).

At this point, there was a duty of care to prevent accidents in advance by keeping safe distance with vehicle driving service providers, and maintaining the right and the right of the front side and the right and the right of the front side of the vehicle.

Nevertheless, the Defendant neglected this and neglected so doing so, the Defendant divided the horse into a breath, red, and the balthm of the balthm, which was caused by the negligence of driving the said vehicle in a state of the balthm, and stopped in accordance with the new balth in the front section of the said vehicle by the victim C(41 years old) driver, followed the balth of the car in front of the said vehicle.

Ultimately, the Defendant, as seen above, suffered damage to the victim, who was on board the said vehicle while driving the vehicle under the influence of alcohol, due to approximately four weeks of medical treatment, such as the mouth of a - private frame, and damage to various parts of the unknown details.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Notification of the results of crackdown on drinking driving and a report on actual condition survey;

1. Each written diagnosis;

1. Application of statutes on field photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes; the selection of fines concerning the crime;

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

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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