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(영문) 춘천지방법원 강릉지원 2018.08.17 2018고정116
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

1. The Defendant is a person who is engaged in driving a vehicle B or a new car driving service in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 14, 2018, at around 07:55, the Defendant driven the said vehicle while under the influence of alcohol level of 0.111% (equipment measurement) in front of the D User in the East Sea at the time of the East Sea, and operated the said vehicle directly from the boundary of the police box of the North Korea to the same authority.

In such cases, as an employee of driving service, there was a duty of care to safely proceed with the operation, such as making a well-known situation, securing safety distance, etc.

Nevertheless, due to the negligence of neglecting this, the victim E (59 e.g., South) driven by the victim E (59 e., South) who stops in the signal atmosphere prior to the mailing, and the part of the driver behind the passenger vehicle was brought to the front part of the Defendant driving vehicle.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the crypum of the cryp that requires approximately one week medical treatment to the said victim.

2. On May 14, 2018, the Defendant was under the influence of alcohol leveling approximately 40 K from the front of a mutual influent restaurant located in Gangseo-si, Gangnam-si to the front road of the D Usewon located in the Dong-si, Gangnam-si, and in the state of alcohol leveling about 0.11% (equipment measurement) during blood alcohol leveling from May 14, 2018 to the front road of the D Usewon located in the Dong-si, Dong-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Fact-finding survey report, report on the occurrence of a traffic accident, and photographs related to a traffic accident;

1. Notification of the results of regulating the driving of drinking alcohol, a report on the situation of the driver of drinking alcohol and a report on dangerous driving;

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

1. The provisions of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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