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(영문) 의정부지방법원 고양지원 2016.12.28 2016고정1162
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

A. On October 20, 2016, at around 05:40, the Defendant driven BW125 Embial Vehicles with the blood alcohol concentration of 0.179% in the state of the influence of the blood alcohol concentration of 05:40%, and driven the front road of “D” in Ilyang-dong, Yongsan-si C with the view of the mountain village village from the original bank.

In such cases, even though it is not possible to drive the vehicle in a state where normal driving is difficult due to the influence of alcohol, the road boundary (centralization) at the center of the road was shocked by the front part of the vehicle while driving the vehicle in the state of drinking alcohol level of 0.179%.

Ultimately, as a result of the above, the victim E (the 20-year old, female) who was seated in the seat after the vehicle in question suffered injury, such as "an open room for retirement", which requires approximately three weeks of medical treatment.

B. The Defendant driven approximately KRW 1 km from the front road 1245-3, Sinsan-dong, Sinsan-dong, Sinyang-si, Pungdong-dong, 1245-3, to the location of the accident, with the blood alcohol concentration of at least 0.179%, BW125-wheeled vehicles.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, which provides for

1. Articles 37, 38 (1) 2 and 50 of the Criminal Act to increase concurrent crimes;

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

1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant shows an attitude against the first offender, and the victim seems to have taken advantage of the fact that the defendant was aware that he was a drinking state: The contents of the crime are not good in that he was involved in a traffic accident due to drinking: the above fact is that the defendant's age, character and behavior, environment, and circumstances after the crime are considered, and the sentence is determined as per the disposition.

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