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(영문) 수원지방법원 2017.05.23 2017고단509
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

Criminal facts

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On January 9, 2017, the Defendant driven the above vehicle while under the influence of alcohol level of 0.164% among the blood transfusion around 22:40, and led to the running of the above vehicle to the upper rithm on the side of the 1st half of the 1st half of the 1st half of the 2017, in the direction of 213-6, the river in the direction of the river in the direction of the Gu.

Defendant 1 did not see the steering gear in a situation where normal driving is difficult due to such influence of alcohol as above and did not properly operate the steering gear, and was sent to the front-way by the victim C(32) driving in the signal waiting at the front. The Defendant 1 was followed by the victim C(32) driving in the signal waiting at the front.

As a result, the defendant suffered injury to the victim, such as scopical salt scopty that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. Notification of a survey report on actual conditions and the results of regulating drinking driving;

1. An accident scene photograph;

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

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

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

1. Circumstances favorable to the defendant in sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

The degree of injury suffered by the victim seems to be minor.

Vehicles operated by the defendant are covered by a comprehensive insurance.

A defendant shall not have any history of criminal punishment, except for a fine once.

Circumstances unfavorable to the defendant are as follows:

At the time of the crime of this case, the level of the defendant's taking-out is not weak.

Defendant.

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