logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2021.02.03 2020고단2630
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person engaged in driving a vehicle in B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On July 15, 2020, the Defendant driven the above vehicle at around 05:40, while driving along the road in front of the public health clinic shooting distance, which is located in the Jeju city, from the marith to the south distance. In the event that normal driving is difficult due to the alcohol of 0.121% of alcohol concentration in the blood, the Defendant driven the victim C (e.g., 63 years of age) who was driving in the same direction as the other driver, driving the vehicle in front of the distance from the Donnam to the south distance.

Ultimately, the Defendant caused the above victim by negligence in the course of performing the above duties, thereby resulting in a rashion of salt in need of approximately two weeks of treatment.

2. Violation of the Road Traffic Act (drinking driving) driving a BS-type car under the influence of alcohol level of about 0.121% during the 3km section of alcohol level on the road front of the public health clinic distance located in the city of Jeju from the Do adjacent to the E apartment at the time of Jeju-si on the day specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The application of Acts and subordinate statutes, such as an accident scene photograph, a report on the situation of the driver placed in the main place, an investigation report (report on the situation of the driver placed in the main place), inquiry into the results of regulating drinking driving, a report on the actual condition

1. Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of causing danger to driving and the selection of fines) and Articles 148-2(3)2 and 44(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020) (the occupation of driving alcohol and the selection of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the amount is aggregated) shall be aggravated for concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

arrow