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(영문) 제주지방법원 2018.05.04 2017고단3411
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

On November 28, 2017, the Defendant driven the above vehicle while under the influence of alcohol 0.217% during blood transfusions, and led to the direction of the E- hotel in front of the E- hotel in Jeju at the time of Jeju, in the direction of the apartment house in LIri, from the direction of the Balking hotel.

At the time, the Defendant suffered from the injury of the victim FF (Y, 52 years old) GK5 taxi driver's left side part of the G K5 taxi driver's vehicle that was driven by one lane in the direction of the new Libera in the direction of (Gu) cultural knife, along the occupational negligence running along the median line while the Defendant was unable to drive normally while driving normally under the influence of alcohol, by taking approximately two weeks back the front side of the Defendant driver's vehicle, and suffered from the victim H (V, South, 43 years old) who is the passenger of the said taxi, for approximately two weeks of medical treatment, such as the chill, the 4-5-day emergency exit, etc., which requires approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a hybrid vehicle with Cnbrid as described in paragraph 1, while under the influence of alcohol content of 0.217% in blood at the same time and place as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Statement report on the situation of a driver in charge of driving and notification of the result of regulating drinking driving;

1. On-site photographs and field map;

1. A survey report on actual conditions;

1. taxi photographs and photographs of vehicles;

1. Application of Acts and subordinate statutes to a medical certificate (F), investigation report (verification of whether a victim H is damaged), and medical certificate;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the maximum amount of two crimes) shall be applicable.

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