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(영문) 춘천지방법원 강릉지원 2020.05.28 2020고정82
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

1. Around 21:10 on December 22, 2019, the Defendant driven an E rocketing car under the influence of alcohol by 0.149% of alcohol alcohol concentration from the 1km section from the 1km of Gangnam-si B apartment zone in the front of the D store located in the same city C to the D store in the same city.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) was under the influence of alcohol level of 0.149% at the time and time set forth in paragraph (1) and was driving the rocketing car listed in paragraph (1) with three lanes prior to the D store located in Gangnam-si C, Gangnam-si, along the two-lanes from the F apartment room to the long distance distance of the old sea company.

As above, the Defendant: (a) driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, such as the influence of drinking, such as the snow-free snow, the string of body, and smelling, and (b) driven by the victim G (34 years old and under the influence of signaling at the front of the vehicle; (c) was shocked to the front part of the Defendant’s driving of the said vehicle, and suffered injury to the victim, such as the string, tension, etc. in need of approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A medical certificate;

1. The actual condition survey report and photographs of the accident site;

1. Report on the circumstantial statement of a drinking driver, report on the results of regulating drinking driving, and report on whether to drive any dangerous motor vehicle;

1. 112 Reporting case management table;

1. Application of Acts and subordinate statutes to investigation reports (field situations, etc.);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act, and selection of fines, respectively, for the crime

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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