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(영문) 수원지방법원 평택지원 2018.06.27 2018고정136
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 car B or car.

On December 23, 2017, the Defendant driven the above car at around 00:05, while driving the car, and was under the influence of alcohol concentration of 0.144% during blood, the Defendant was driving in Pyeongtaek-si C Road.

At the time, there is a night and a vehicle waiting for signal and parking in front of it, so in such a case, the driver of the vehicle has a duty of care to safely drive it by accurately operating the brake and steering gear.

Nevertheless, the Defendant was negligent in driving under the influence of drinking, and due to negligence while driving under the influence of drinking, and was driven by the victim D (24 years old) who was waiting in the signal waiting at the front of the signal at the front. The lower part of the E-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-C

After all, the Defendant suffered, by negligence in the above business, the knee knee tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye tye

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

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

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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