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(영문) 수원지방법원 안양지원 2017.04.21 2017고단192
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The defendant is engaged in driving of B SP car.

On December 10, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.112% in blood, and driven the said vehicle at the same time as the D convenience store located in the Gu C during the Anyang-si period, along three-lanes from the string distance towards the string line.

At the time, there are nights and fronts of the front door, so there was a duty of care to prevent accidents in advance by driving a person engaged in driving a motor vehicle safely by making the front door well.

Nevertheless, the Defendant neglected to drive in a state where normal driving is difficult due to influence of drinking, and neglected to proceed as it is, thereby causing injury to the Defendant, such as salt, tension, etc. of the booming species that require approximately two weeks of treatment of the Defendant, taking the back part of the coo vehicle into front part of the Defendant’s driving, which was driven by the victim E (73 ) driving in the front direction of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. A survey report on actual condition, a report on the circumstances of a driver taking driving, and a report on the results of regulating drinking;

1. A medical certificate;

1. Application of photographs, photographs of damaged vehicles, and on-site photographs statutes;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of a motor vehicle), and selection of each fine for a crime;

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. In light of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is the background and details of the crime, and the criminal record of a fine due to the violation of the Road Traffic Act (driving) around 2007, the nature of the crime is grave, but the criminal defendant is against the wrongness.

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