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(영문) 대전지방법원 천안지원 2018.08.24 2018고단1062
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a person engaged in driving a vehicle B at the lower cost, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On April 20, 2018, the Defendant driven the said car under the influence of alcohol content of 0.115% during blood transfusion, while making it difficult for the Defendant to drive the said car normally, and driven the said car toward the 8-lane of terminal “D” convenience store located in south-gu, East-gu, East-gu, Yanan-gu, by driving it on the side of the “D” convenience store, from the hit City in the south-gu, Yan-gu, the Defendant neglected to stop at the right and right and right and right and right and right and right and right and right and right and right and right and right and left part of the Victim E (25 years old)’s driving, followed the Defendant’s vehicle at the right and right and right and right and right and right and right and left part of the Defendant’s driving.

Ultimately, the Defendant suffered approximately two weeks of medical treatment from the victim due to the above occupational negligence.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant under the influence of alcohol at approximately 0.115% of alcohol content in a section of approximately 20 meters in front of the “D” convenience store located in Nam-gu, Nam-gu, Nam-gu, Nam-gu, Seoul Metropolitan City at the same time as the preceding paragraph from the Do in front of the “H” food store in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

1. A traffic accident report;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the applicable provisions of the Act on the Punishment, etc. of Specific Crimes and the Selection of Punishment, etc. for the Crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the selection of fines;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order are as follows: (a) the instant case is not easy in light of the volume of alcohol concentration among the blood transfusion in the instant case, the content of the accident, etc.

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