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(영문) 제주지방법원 2016.12.22 2016고단2283
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 of B SP car.

On September 30, 2016, the Defendant driven the said car with a blood alcohol level of 0.211% at around 20:00, while under the influence of alcohol, and led to the driving of the said car in front of the D cafeteria located in Seopopo City C at Seopopo City.

The Defendant, while under the influence of alcohol, was unable to operate a steering system in a state where normal operation of the steering system is difficult at that time, was parked on the right side of the road, and the back part of the E TRa car parked on the right side of the road was received as the front-hand part of the vehicle driving.

As a result, the Defendant caused the victim F (F and 25 years of age) who was on board the Defendant’s driver’s car operation chief due to the above occupational negligence to suffer bodily injury, such as faceing, faceing, etc. requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. F's statement of traffic accident-related person;

1. A copy of each statement G and H;

1. Report on the statement of the state of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

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

1. Requests for cooperation in investigation and answers thereto;

1. Application of Acts and subordinate statutes to photographs of the scene of accident, and photographs of the victim's face;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant driven while under the influence of 0.211% of blood alcohol concentration and committed each of the crimes of this case. At the time of the crime, the Defendant’s blood alcohol concentration was very high so that traffic safety and the life or body of others may be harmed.

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