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(영문) 창원지방법원 마산지원 2017.07.11 2017고단497
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 BS car.

On March 19, 2017, the Defendant driven the said car under the influence of alcohol content of 0.131% during blood transfusion around 07:05, while driving the said car, and driving the 119 Gu Cancer in the Changwon-si, Changwon-si, Masan-si, Masan-U.S. on the side of Chang National University.

At the time, the Defendant was under the influence of alcohol, and the ability to make a normal determination of surrounding traffic conditions, etc., so, the Defendant was faced with the left-hand part of the victim C(61) driving of the victim C(61) driving that was driven over the center line and the opposite party C(61) driving on the first line.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and caused the said victim to suffer physical wound in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A medical certificate;

1. A traffic accident report;

1. Making a statement on the circumstances of the driver involved in driving, making a report on detection of the driver involved in driving, and making inquiries about the results of regulating drinking;

1. Application of statutes on field photographs;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of two crimes) shall be aggravated for concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, shall be determined by comprehensively taking account of the following circumstances, and other factors such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime.

Unfavorable circumstances: The defendant has caused an accident beyond the center line while driving under the influence of alcohol, and the degree of accident is also.

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