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(영문) 서울북부지방법원 2018.04.12 2018고정139
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 3.5 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 the B-learning passenger car.

On July 8, 2017, the Defendant, while under the influence of alcohol content of 0.144% among the blood transfusions, proceeded to the intersection of a new apartment house in front of the Seoul Jung-gu Seoul Metropolitan Government at the 0.144%, and proceeded to the tri-distance outflow.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents, such as accurately operating the steering gear and steering gear, etc., by a person who is engaged in driving a motor vehicle.

Nevertheless, the Defendant failed to discover the E-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A traffic accident report;

1. A medical certificate;

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

1. Application of Acts and subordinate statutes as a result of drinking measurement;

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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (Consideration of the health, economic situation, etc. of defendants);

1. Article 70(1) and Article 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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