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(영문) 수원지방법원 2017.05.23 2017고단97
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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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

Criminal facts

The Defendant is a person engaging in driving a rocketing car.

On December 29, 2016, the Defendant driven the said car under the influence of alcohol level of 0.139% among blood transfusions on December 29, 2016, and driven the three-lane road in front C at Osan City at a speed of about 50km from that on the eth of the same ethm to that of the parallel.

At that time, in front of the defendant's running direction, the E-A-car driven by the victim D (34 tax) stops in the atmosphere of the signal, and thus, the driver of the vehicle had a duty of care to prevent accidents by accurately manipulating the front door and operating the operation of the operation and steering gear in a correct manner.

Nevertheless, the Defendant was negligent in driving a vehicle under the influence of alcohol and due to the negligence of the Defendant’s negligence and received the front part of the car driving by the Defendant.

As a result, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim D, such as climatic salt, which requires approximately three weeks of medical treatment, and suffered injury to the victim F, a passenger of the said Aardi vehicle, such as climatic salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports on traffic accidents (1) (1) and notification of the results of regulating drinking driving;

1. On-site map and photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of each crime is aggregated);

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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