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(영문) 춘천지방법원 강릉지원 2016.12.21 2016고단1247
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. On September 1, 2016, at around 04:15, the Defendant driving a C BT vehicle under the influence of alcohol leveling 0.171% of alcohol level, from the vicinity of Gangseo-si University, to the road near the intersection of the same Gangseo-si University.

1. The defendant is a person driving C another vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

The Defendant driven the said vehicle from the side of the university hospital of the Gangseo-gu Dental Hospital in a state that it is difficult to drive under normal conditions, such as rhythming and walking a road near the intersection of the Yung-dong University of Gangwon-do, which is located in the date and time indicated in the above paragraph 1, by driving the said vehicle on the direction of the revolving intersection, by under the influence of alcohol concentration of 0.171%.

As above, the Defendant, while under the influence of alcohol, driven the front part of the Defendant’s vehicle in front of the vehicle in front of the victim D(the age of 61) driving by negligence, caused the victim to suffer bodily injury, such as dynasium and tension, which require approximately two weeks of medical treatment.

As above, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Notification of the control of drinking driving, report on the situation of drinking drivers, and report on whether to drive any dangerous motor vehicle;

1. A report on investigation (in addition to field photographs, etc.);

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

1. Violation of the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act in the judgment of the choice of punishment: Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the judgment of Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act: One of the provisions of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes shall apply.

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