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(영문) 서울중앙지방법원 2019.05.03 2019고단778
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The sentence against the accused shall be determined as a fine of 6,00,000 (F1 million won).

When the defendant does not pay a fine.

Reasons

Punishment of the crime

1. Around 00:05 on January 18, 2019, the Defendant was under the influence of alcohol with a blood alcohol content of 0.104%, the Defendant driven B strawing car at the 5km section of Seocho-gu Seoul Western Highway from the place where the Seoul Western-dong was not located to the point where approximately 416km of the parallel line 416km along the Seocho-gu Seoul Western Highway.

2. On January 18, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant), while driving a car under the preceding paragraph with a blood alcohol concentration of 0.104% at around 00:05, and driving the car at a speed of six lanes from the 416km point at the lower 416km in the Seocho-gu Seoul Seocho-gu Police Highway, Seoul, at a speed that cannot be seen as both sides of both sides, while driving six lanes at a speed that cannot be seen as the discharge of both sides from the front side of the Seocho-gu, Seocho-gu, Seoul. On the other hand, the Defendant and the victim C (the age of 74) who was driving in the same direction was under the front part of the driver’s vehicle.

The Defendant driven a car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as light salt, which requires treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement C;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Statement on the circumstances of a drinking driver, and a place where drinking is measured and output;

1. A medical certificate;

1. Application of each statute on photographs;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (original offenders, reflectivity, and reduction of punishment by the victim);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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