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(영문) 서울중앙지방법원 2017.03.08 2016고단9153
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 vehicle B with low investment.

On November 25, 2016, the Defendant driven the said car under the influence of alcohol content of 0.139% on blood at around 05:00, while making it difficult for the Defendant to drive the said car normally, and conflict with the front part of the Defendant’s vehicle in front of the Defendant’s vehicle by driving the said car at the speed of 67-day in Seocho-gu Seoul, Seocho-gu, at the speed of 67-gu and the front part of the Seocho-gu, along a two-lane in the direction of the moving basin from the high speed terminal station at the speed of the two-lane, while driving along the two-lane, while under the influence of alcohol, and failing to accurately operate the steering direction and brake system at the speed of the Defendant (45 years).

In the end, the Defendant, as above, was driving a drinking, while making it difficult to drive a car normally due to the influence of drinking, suffered from the injury of light crums, tensions, etc. in light of the braces that require a two-day medical treatment to the victim E (hereinafter referred to as the “victim E”) who is the passenger of the call braces, the injury of the braces, tensions, etc. in need of a two-day medical treatment, and the injury of the victim F (hereinafter referred to as the “victim”), such as the braces, tensions, etc. in need of a two-day medical treatment, and the injury of the victim G (hereinafter referred to as the “victim”).

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the suspect of the police;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. A fact-finding survey report and a written statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. The order of provisional payment;

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