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(영문) 서울서부지방법원 2018.08.23 2018고단1854
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of a motor vehicle B in high-speed, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On May 3, 2018, the Defendant driven the said car under the influence of alcohol level of 0.104% during blood alcohol level at 0.104% on May 3, 2018, while driving the said car at a speed of 20km in the speed of 3 lanes in front of Seodaemun-gu Seoul, Seomun-gu, Seoul, the Defendant was under the influence of driving the car at a speed of 20km in the red door tunnel from the right edge to the red road. On the other hand, the Defendant was under the influence of drinking, such as the face color, red, non-distance, and rhhhying, and was under the influence of drinking, and was under the influence of driving the vehicle at the front, and was under the influence of the victim D (the 31-year-old driver)’s vehicle driving, followed by the e-learning part of the victim D (the 31-year-old driver’s license.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said vehicle under the influence of alcohol with 0.104% alcohol concentration in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports (1), (2) on traffic accidents;

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and an investigation report (a report on the circumstances of the driver at the

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

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

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. The degree of injury to the victim of the reason for sentencing of Article 334(1) of the Criminal Procedure Act, and the degree of the traffic accident in this case, are not severe, and the vehicles are covered by the comprehensive automobile insurance.

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