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(영문) 서울동부지방법원 2018.12.19 2018고단3651
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by a fine of six million won.

When the accused does not pay a fine, the period of 100,000 won shall be converted.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

1. On July 15, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol at a 0.185% alcohol concentration among the blood transfusion around 23:00, while driving a road of five lanes in front of Gangdong-gu Seoul Metropolitan Government along five-lanes from the long-distance outflow of the road, the head of Gangdong-gu Office was under the influence of the road to the alley of the head of Seocheon-dong in the direction.

At the time, it was difficult to view the accident at night. In such a case, a person engaged in driving of a motor vehicle shall not drive the motor vehicle while under the influence of alcohol, and there was a duty of care to prevent the accident in advance by driving the motor vehicle safely.

Nevertheless, the Defendant, while under the influence of alcohol, was driven by the victim D (35 years old) who was stopped at the front of the Defendant, and was driven by the victim D(35 years old) who was under the influence of the Defendant, in order to turn the right side of the motor vehicle into the front part of the said franchise.

The Defendant, while driving the said franchise in a situation where it is difficult to drive a car normally due to influence of drinking, suffered from the injury of the said victim and the victim F (the age of 31) who was accompanied by the said passenger car to the said victim and the said passenger car, respectively, for about two weeks in need of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a franchiseing car under the influence of alcohol content of 0.185% while under the influence of alcohol content in a section of about 15 meters, at a time, at a place of port 1, and at a section of about 15 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of traffic accidents, restrictions on drinking records, and application of each medical certificate to Acts and subordinate statutes;

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

1. Commercial concurrence: Article 40 or 50 of the Criminal Act;

1. Selection of punishment: Each fine;

1. Aggravation of concurrent crimes: Articles 37 and 38 of the Criminal Act;

1. Attraction of a workhouse: Articles 70(1) and 69 of the Criminal Act.

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