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(영문) 대구지방법원 2017.11.16 2017고단4237
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On July 10, 2017, the Defendant driven the said car under the influence of alcohol level of 0.192% among blood transfusions on July 22:3, 2017, and continued the front road of Daegu Suwon-gu E in the direction of a yellow four-distance outflow from the four-distance bank.

At all times, a signal apparatus has been installed, so the driver of the motor vehicle has a duty of care to prevent accidents in advance by properly operating the steering and steering gear well, and by operating the steering gear accurately in accordance with the signals.

Nevertheless, the Defendant, while neglecting the influence of alcohol and finding out the Gerc crack cruise cruise car in the front line, was negligent in not operating the operation of the operation system, and received the part behind the pertinent crack cruise cruise car and the front part of the said crackren car.

As above, the Defendant, under the influence of alcohol, was unable to drive normally, and caused the victim H who was on board a beer cruise cruise cruise car to suffer injury, such as catum 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 with regard to F;

1. The circumstantial statement of the driver involved and response to a request for appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act concerning the facts constituting an offense, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily harm to the driving of a motor vehicle) concerning the same offense;

1. Selection of each alternative fine for punishment;

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. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act - Unfavorable circumstances: The defendant causes a traffic accident under the influence of alcohol, and the same kind of traffic accident.

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