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(영문) 춘천지방법원 강릉지원 2018.06.29 2018고정64
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of Clearning cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On February 27, 2018, the Defendant operated an intersection at the entrance of E hospital located in Gangseo-si D, and from the direction of Gangseo-si, the Defendant operated the intersection from the direction of Gangseo-si, although it was difficult to drive normally due to the influence of drinking at around 22:40.

The location is the 7th national highways of letter 3 lanes, and at the time the victim F(N) was driving the GM7 car volume with H(42 tax) in the same direction.

Nevertheless, the Defendant did not secure a safety distance while under the influence of alcohol and received the rear part of the damaged vehicle with the front part of the victimized vehicle, and received the front part of the damaged vehicle with the rear part of the victimized vehicle.

Ultimately, Defendant F and H suffered from the injury of the victim F and H, such as salute’s salt, diagnosis, etc. by negligence as above.

2. The Defendant, who violated the Road Traffic Act (drinking), started on the road near the “mast pigs” located in the city of Gangnam-si in the city of the same day as the above 1, and driven his C-learning car under the influence of alcohol 0.140% from the 6km section of the blood alcohol level to the front intersection of the hospital located in D in the same city of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on the detection of the driver at the main place of business, a report on the circumstances of the driver at the main place of business, an investigation report (report on the circumstances of the driver at the main place of business), and

1. Each written diagnosis;

1. Application of statutes on site photographs;

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 ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of penalty;

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