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(영문) 수원지방법원 평택지원 2017.06.08 2017고단424
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a motor vehicle B.

On February 3, 2017, the Defendant driven the said car under the influence of alcohol content 0.141% during blood transfusion 0.23:55, and changed the lane by driving the said car at a speed of 0.141%, and driving the intersection in front of the registration office of Song-si located in 1366 according to Pyeongtaek-si games, along the intersection from the frame of the registration office of Song-si to the vice consul distance from the edge of the registration office of Song-si.

At the time, the driver of the motor vehicle was at night, so there was a duty of care to check whether the motor vehicle is cross-sectioned by checking the front side and the right and the right and the right of the motor vehicle and temporarily stop, and to drive the motor vehicle safely.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive a car in a state where normal driving is difficult and by negligence by bypassing it as it is, received the victim C(34 ) driver's right-hand pentum in front of the left-hand pentum of the car of the victim C(34 ) driving on the side of the Osan-si in accordance with the new subparagraph.

Ultimately, the Defendant suffered injury to the victim E (V, 35 years of age) who was accompanied by the victim C or the damaged vehicle due to the foregoing occupational negligence, such as sugars without any room within two weeks open for medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. The application of Acts and subordinate statutes, such as a traffic accident report, report on the occurrence of a traffic accident, on-site photographs, notification of the results of crackdown on the driving of drinking, statement report on the situation

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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. The Criminal Act to attract a workhouse;

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