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(영문) 서울남부지방법원 2018.05.17 2018고단1722
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 6, 2018, the Defendant driven a B rolling stock under the influence of alcohol content of 0.162% in blood, which is difficult to drive normally, and led the Defendant to drive a two-lane road in the direction of the 47-lane 9, as Seoul Gangseo-gu Seoul, along with the fire prevention of Gangseo-gu Seoul, along with a one-lane distance from the public announcement of the lecture at the direction of the fire prevention station.

At the time, there was an intersection at night and a signal signal at the front, so there was a duty of care to reduce the speed to those engaged in driving of a motor vehicle, and to accurately operate the operation and steering gear, and to safely drive the motor vehicle by accurately operating the operation and steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to proceed as they were, led to the Defendant’s failure to drive the victim C(56) who was under the influence of the signal waiting at one lane near the running direction, and brought the Defendant into the front part of the passenger car of the Defendant.

Ultimately, under the influence of alcohol, the Defendant suffered injury to the victim, such as “influent sugar with no open one,” which requires medical treatment and stabilization for about two weeks by negligence in the said occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. A certificate of drinking alcohol measurement, a report on detection of drivers of drinking alcohol, and a report on the electronic situation of drinking alcohol;

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

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

1. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act appears to be relatively high, is considered disadvantageous to the defendant.

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