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(영문) 서울남부지방법원 2017.07.06 2017고단2164
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

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

On March 7, 2017, the Defendant driven the said mar while under the influence of alcohol level of 0.219% among the blood transfusions on March 7, 2017, and led the Defendant to drive the said marc with four-lane 4 lanes as the Olympic Games located in 47-ro 118, both Gangseo-gu Seoul, Gangseo-gu, Seoul, Seoul, at the seat of the marbridge, along the four-lanes of the marc diameter.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brakes, etc. in a way that well sees the right and the right and the right and the right and the right and the right and duty of care.

Nevertheless, Defendant C (60) was driving a victim C (60) who was proceeding in the front bank due to the negligence of neglecting it in a state where normal driving is difficult due to the above influence of drinking.

D The back portion of the cargo vehicle was received as the front portion of the said passenger vehicle.

Ultimately, the Defendant suffered injury to the victim by occupational negligence during the two-day period of medical treatment, such as salt and tension.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of each traffic accident;

1. Application of Acts and subordinate statutes on the survey report, response to a request for appraisal, report on the detection of a primary driver, report on the situation of a primary driver, medical certificate, and on-site photograph;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the selection of fines for each crime;

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. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order was found to have been sentenced to a fine on one occasion due to driving of drinking around 2004, the occurrence of an accident caused by driving in the state of drinking concentration of 0.219% during blood.

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