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(영문) 수원지방법원 평택지원 2019.11.21 2019고단1160
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On June 11, 2018, the Defendant was sentenced to four months by the Jeju District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Confidentiality, etc.) and completed the execution of the sentence in the Jeju Prison on October 9, 2018.

1. On April 11, 2019, the Defendant was driving a DNA car under the influence of alcohol with a blood alcohol concentration of 0.198% at the 0.198%, from the Do near Jeju to the road located in Jeju City, around 23:47.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol concentration of 0.198%, and the Defendant was driving the said E-learning car with a blood alcohol concentration of 0.198% on the roads located in Jeju City, and the F-learning car driven by the victim E (the age of 55) was stopped on the back of the bend.

Under the influence of alcohol, the Defendant neglected his duty of care to prevent accidents in advance by driving the front door and the left door and the right and the right and the right and the right and the right and the right and the duty of care to prevent accidents, and received the part of the front part of the said marina car as the front part of the said marina car.

As a result, the Defendant driven a motor vehicle under the influence of alcohol or drugs in which normal driving is difficult due to the driving of the motor vehicle, and suffered the victim’s salt dypump, etc. of the light fry that requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Each report on investigation;

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

1. A medical certificate;

1. The application of Acts and subordinate statutes on criminal records, etc., inquiry reports and investigation reports (report attached to relevant judgments, etc.);

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 of the Criminal Act for discretionary mitigation.

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