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(영문) 제주지방법원 2017.11.02 2017고단1290
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. On May 8, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by death before the risk) driving a B rocketing car under the influence of alcohol content of 0.204% during blood transfusion and driving the road front of the “D” restaurant in Jeju city on the one-lane side from the sports site room to the one-lane side of the road in Jeju city, while driving the road in front of the “D” restaurant on the one-lane. While under the influence of alcohol, the Defendant was under the influence of alcohol to overtake the victim E (n, 35 years old) driving beyond the yellow stop line while it is difficult to drive under the influence of normal operation, and caused the victim to suffer an injury, such as a conjection, salt and tension, etc. in need of treatment for the victim for about two weeks.

2. On May 8, 2017, the Defendant violated the Road Traffic Act (drinking) driven a vehicle of approximately 5 kilometer B straw of about 5 kilometers from the Arain apartment in front of the Arain apartment in Jeju-si to the road in front of the above restaurant in Jeju-si, while under the influence of alcohol content 0.204% during blood transfusion at around 21:38.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Report on the occurrence of a traffic accident;

1. Statement of the circumstances of driving at home;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act is to be taken into account all the various sentencing conditions specified in the argument in the instant case. In particular, the following circumstances should be taken into account: (a) reflects the favorable circumstances; (b) agree with the victim; (c) purchase of a comprehensive insurance policy; and (d) the degree of injury is relatively minor.

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