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(영문) 서울북부지방법원 2017.04.25 2017고정477
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A. On December 20, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under influence of alcohol with 0.196% alcohol concentration in blood around 01:15, and the Defendant was unable to drive normally, such as walking, while driving BUZ125 Oba, while driving a 371 Green-ro, Dobong-gu, Seoul Metropolitan Government 371 Green-ro, and driving a junba in the direction of Green 4 lanes in the direction of Jeoncheon-do, while driving along one lane in the direction of 4 lanes in the direction of Jeoncheon-gu, while neglecting the front direction, failing to accurately manipulate the brake system, etc., the Defendant suffered an injury to the left-hand side of the Defendant, such as kneek, etc., which requires approximately three weeks treatment to the victim of the Defendant's Obaba in the direction of the implementation.

B. The Defendant, while under the influence of alcohol concentration of 0.196% during the daily border under the preceding paragraph, was driving the above 1.5 km from the front of the transit apartment to the Dobong-gu 371 Green-ro, Dobong-gu, Seoul Special Metropolitan City, Nowon-gu, with the alcohol concentration of 0.196%.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reports on traffic accidents, reports on internal investigation, and reports on internal investigation;

1. A report on the record of the use of a drinking-free measuring instrument, a report on the detection of the driver involved, and a report on the circumstances of the driver involved;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing the site and vehicle photographs;

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 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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