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(영문) 광주지방법원 2017.07.25 2017고단2096
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

On March 30, 2017, the Defendant driven a car with alcohol level of 0.180% from blood alcohol level around 23:5 on March 30, 2017, while under the influence of alcohol leveling to 0.180%, the Defendant driven a passenger car in front of C at a speed of about 20km per hour in the direction of light distribution from the direction of Korean power.

At this time, the defendant neglected to drive a car at the front of the driving direction while he is unable to drive a car normally due to influence of drinking, and found the victim D(38) of the victim who was waiting in the front of the driving direction at the same lane in the front of the driving direction late, and received the rear part of the car in the front of the car in the string.

As a result, the Defendant suffered from an injury to a diversous scopical scopic scopic scopic scopic scopic scopic scop

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

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

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing danger driving) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol)

1. Selection of each alternative fine for punishment (the first offender, the fact that the defendant acknowledges the crime of this case and reflects his mistake, the fact that the defendant agreed with the victim, the social environment of the defendant, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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