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(영문) 서울남부지방법원 2018.05.03 2018고단800
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 28, 2018, around 18:30, the Defendant driven a turfed vehicle with alcohol content of 0.118% under the influence of 0.118% during blood, and transferred it to the digital single area from the hurf apartment room to the digital single area.

At the time, the Defendant was under the influence of drinking, such as alcohol concentration at 0.118%, so that blood is red and inaccurate, and the distance was in a state where normal driving was difficult due to the influence of drinking.

Nevertheless, Defendant G (V, South, the 43 years old) who was driving on the digital short-term area in the street park while driving a self-durged vehicle in a state where normal driving is difficult due to influence of drinking at the above time and at the above place, and was driving on the right side of the HLstren vehicle, the Defendant she received the part above the right side of the HLstren vehicle driving on the left side of the Aburged vehicle, and suffered a diversified lurgy, etc. requiring approximately two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident of G and I;

1. A fact-finding survey report and a traffic accident occurrence report;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of an 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. There are also favorable circumstances such as: (a) the fact that the value of the reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment appears to be relatively high; (b) the circumstance unfavorable to the Defendant; (c) the degree of damage is minor; (d) the agreement with the victim; and (c)

In these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Code, such as the defendant's age and family environment.

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