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(영문) 서울남부지방법원 2018.01.18 2018고정26
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 00:45 on August 30, 2017, the Defendant was driving a Bland with alcohol level of about 0.144% from the 5km section of the blood alcohol level to around 0.144%, inasmuch as he/she is located within 62 within the Geumcheon-gu Seoul Metropolitan Government in the 41-ro, Guro-gu Park, Geumcheon-gu, Seoul.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the above passenger van while under the influence of alcohol level of 0.14% during the day-to-day alcohol level as stated in 1. paragraph (1) of Article 1, and driven the two-lane inside the 12-lane side of the new apartment house in Geumcheon-gu Seoul Metropolitan Government, one of which is located in the 62-lane within Geumcheon-gu, Geumcheon-gu, Seoul, along the two-lane distance from the front intersection of Incheon.

As above, Defendant 1 driven the said van in a state where it is difficult to drive a car normally due to influence of drinking, such as influencing a horse, driving the body in a unspared and red-lighting on the face, and taking the back part of the Do-high vehicle parked on the two-lanes of the victim C(42 years old) in the front part of the Defendant 2-day vehicle, and suffered from the injury of the victim E (the victim), who is the passenger of the victimized vehicle, for approximately two weeks of medical treatment, such as light drums, tensions, etc., which require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of occurrence of traffic accidents prepared C;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

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

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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