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(영문) 수원지방법원 여주지원 2018.05.14 2018고정64
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. On November 12, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Hazardous Driving) (the Defendant was under the influence of alcohol at around 0.154% during blood transfusion, and was in a state of normal driving due to influence of drinking, but he was driving B-II cargo vehicle on the front of E-W-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

2. On November 12, 2017, the Defendant was under the influence of alcohol level of 0.154% from the blood alcohol level around 18:05 on November 12, 2017, the Defendant driven B Poter 2 from the front day of Echeon-si to the road near the station located in Echeon-ro from Echeon-si to the road near the station.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. The investigation report on the actual condition of traffic accidents (1) (2), each detailed inquiry, response to a request for appraisal, report on the detection of a primary driver, and the application of the relevant Acts and subordinate statutes;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against G with the largest criminal situation);

1. Selection of each alternative fine for punishment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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