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(영문) 전주지방법원 2019.02.19 2018고단2231
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Around 00:20 on August 26, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury caused by DK5) driven the victim C (year 49) who stops in accordance with the foregoing red signals in front of the Defendant’s car while under the influence of alcohol of 0.122% of alcohol concentration in the stadiums-gu, Seojin-gu, Seojin-gu, Seoul., the lower part of DK5 taxi driven by the victim C (year 49) who stops in accordance with the foregoing red signals while driving the vehicle in front of the Defendant’s car while under the influence of alcohol concentration of 0.12%.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as salt, tension, etc. of the horse in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driving a B-ro car in the state of alcohol alcohol with approximately 0.122% alcohol concentration from the 3km section of approximately 3km in the field of the stadium located in 545 as from the date of the temporary border set forth in Paragraph 1 of the same Article to the stadium distance in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. A report on whether to drive any dangerous motor vehicle;

1. Statement;

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, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act and the choice of fines for the crime;

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

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, brought an injury to the victim by causing a traffic accident due to a dangerous driving under the influence of alcohol.

However, in consideration of the minor degree of damage and agreed with the victim, and the fact that there is no criminal power in the same kind, etc., the punishment as the order shall be determined

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