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(영문) 의정부지방법원 고양지원 2017.02.10 2016고단3648
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On November 24, 2016, the Defendant driven the said car under the influence of alcohol level of 0.123% among blood transfusions on November 24, 2016, while driving the said car at a high speed of 0.123%, and driving the mat-distance on the Mat-gu, U.S.-dong, U.S.-dong, U.S. on the surface of the Mat-distance outflow.

At the time, the Defendant was under the influence of alcohol, and the ability to normally determine surrounding traffic conditions, etc., the Defendant continued without properly checking the D Launta taxi in the front direction of the Victim C, which was signaled in the front direction, and led the victim E (the victim E (the 38 years old) who was on board the said K5 rocketing taxi, to suffer from c and the said victim E (the 38 years old) in need of two weeks medical treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

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

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes to cut a black stuff image;

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 each alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment is minor that the defendant is driving in a state of considerable drinking and caused an accident, the defendant's primary crime and reflects the mistake, and the degree of injury is minor.

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