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(영문) 창원지방법원 2019.07.17 2019고단980
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives B's low-income motor vehicle.

On February 28, 2019, the Defendant driven the said car under the influence of alcohol level of 0.180% without obtaining a driver's license, and changed the two lanes into a two-lane in front of the green three-lane distance from the direction of the 1 teachers' distance to the direction of the 3-lane driving distance.

At the same time, as in the vicinity of the intersection, the DAP car driven by the victim C(the age of 48) who is a prior vehicle was in the atmosphere of the signal signal at two times, the Defendant was under the influence of alcohol, while the Defendant was driving in the same manner, and the lower part of the AAP car was in the front part of the franchise, and was in the front part of the said APP car.

As a result, the Defendant was unable to make a horse proper and difficult to drive a car at a normal level due to influence of drinking, and suffered injuries such as salt, tension, etc. in the c, which require three-day medical treatment, to the victim E (20 years of age) and the victim F (18 years of age) who was on the back of the car at Alfin-do, and suffered injuries such as salt, tension, etc. in need of two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A C statement;

1. A report on the occurrence of a traffic accident, a yellow survey report, and an accident site photograph;

1. Each written diagnosis;

1. Investigation report, report on the circumstances of a drinking driver, report on the situation of a drinking driver, and notification of the control results before drinking;

1. Application of the statutes on the register of driver's licenses;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving), Article 148-2 (2) 2, Article 44 (1) (the point of blood driving), Article 152 subparagraph 1, and Article 43 (the point of non-licensed driving) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) as to the criminal facts under the corresponding provision of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes (the point of blood alcohol concentration (0.18%) Article 152 subparagraph 1, and Article 43 (the point of non-licensed driving) of the defendant's blood alcohol concentration

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