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(영문) 서울동부지방법원 2017.03.22 2017고단77
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by a fine of six million won.

When the defendant does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) was a person engaging in driving a motor vehicle B with the highest other car, and driven the said motor vehicle with the alcohol concentration of 0.120% in blood around November 23, 2016, while under the influence of alcohol at around 01:51 on November 23, 2016, and led the two-lanes of the three-lanes in front of Gwangjin-gu Seoul Special Metropolitan City C to the direction of self-girst distance in the open intersection.

A person engaged in driving service is prohibited from driving a vehicle in a state where normal driving is difficult due to influence of alcohol. A person engaged in driving service has a duty of care to prevent accidents in advance by accurately operating the steering side and the steering gear and operating the steering gear in a safe manner. However, the Defendant neglected to drive a vehicle in a state where normal driving is difficult due to the influence of alcohol due to the influence of alcohol while under the influence of alcohol while he/she is under the influence of alcohol, thereby neglecting this in a state where normal driving is difficult due to the influence of alcohol, and thereby he/she proceeds from driving the vehicle at the same lane of the same lane as he/she is under the influence of the victim D (52 years of age), and suffered injury such as salt, tension, etc. in need of three-day medical treatment for the above D, and suffered injury to the victim F (34 years of age), who is a passenger of the same vehicle, such as dump and tension for two-day medical treatment for the same week.

2. Around the day specified in the preceding paragraph, the Defendant driven a B-hand car while under the influence of alcohol content of about 0.120% in blood at a section of about 5 km up to the public parking lot in Songpa-dong Seoul Metropolitan City, Songpa-gu, Seoul, for the road near the public parking lot in Seoul Special Metropolitan City C.

Summary of Evidence

1. Statement by the defendant in court;

1. Each medical certificate of D and F;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-22 and 44 (1) of the Road Traffic Act concerning the crime committed;

1. Article 40 and Article 50 of the Criminal Act for the ordinary concurrent crimes;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, which aggravated concurrent crimes.

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