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(영문) 수원지방법원 평택지원 2017.05.10 2016고정761
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant is a person who drives Brane vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On July 16, 2016, around 04:05, around Pyeongtaek-si C, and “D,” the Defendant driven a vehicle in a normal way, while under the influence of alcohol at a large range of malk (0.180) percent of the alcohol level in the blood, with a strong red color, rhym, and a small distance of vision and documents, and was unable to drive the vehicle, despite the fact that the Defendant was unable to drive the vehicle normally, the Defendant driven the vehicle while driving the vehicle, while driving the vehicle, and driving the vehicle in a middle distance with a one-lane distance from the inside to the inside market.

In such a case, the driver has a duty to take care of the situation of the vehicle that comes from the front, rear, and right direction of the same direction, and even if there is a duty to take care of the duty to proceed well, the driver suffered the injury that needs to be treated for about two weeks, such as catal salt, etc., in excess of the center line on the left side of the Fchip vehicle operated by the victim E (31 tax) who is going into one lane among the two-lanes in the double-way market in the middle and north of the opposite direction.

2. Violation of the Road Traffic Act (drinking driving) driving the Defendant under the influence of 1.5 kilometers from the gymian Sea State to the place described in paragraph 1, while under the influence of 0.180 percent of alcohol level in a day-to-day alcohol level during the same day as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of driving at home;

1. A report on the detection of a primary driver;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime; Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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