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(영문) 서울북부지방법원 2019.08.29 2019고단1549
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

1. Around 08:12 on March 14, 2019, the Defendant was under the influence of alcohol 0.171% (the application of the Ramark formula) on the part of the victim D (the 24 years old) who driven the said vehicle and was under the influence of alcohol, and was under the influence of the driver’s license for driving the vehicle, and driving the vehicle at the 2-lane line near the Seoul Jung-gu Seoul metropolitan apartment, along the two-lane, the two-lanes of the two-lane, namely, the two-lanes. The Defendant was under the influence of alcohol, and the Defendant was under the influence of driving the vehicle and was under the influence of normal driving of the vehicle, and was under the influence of the victim D(the 24 years old) who was under the influence of drinking, and was under the influence of driving the vehicle, and was under the influence of the victim’s driver’s license for driving the vehicle, and was under the influence of the victim and the victim’s 2-day therapy and the above part necessary treatment.

2. The Defendant, in violation of the Road Traffic Act, driven the horse b while under the influence of alcohol at approximately 0.171% (the application of the Bamark formula) of blood alcohol concentration in the section of about 8 km from the Fluri City market at the time and time set forth in paragraph 1 to the place set forth in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

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

1. A traffic accident report;

1. Report on the circumstantial statement of the driver, investigation report (report on the circumstances of the driver), the report on detection of the driver, and investigation report (applicable with the mark);

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the selection of fines

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant is under the influence of alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act.

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