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(영문) 제주지방법원 2018.03.08 2017고단2176
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

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

Reasons

Punishment of the crime

1. Around 10:37 on May 6, 2017, the Defendant suffered from the injury, such as salt pans and tension, etc., of the part of the victim F (M, 47 years old) driving, waiting for signal signal at the front direction of the Defendant, while driving the E road in front of the C Spow in D at Seopo City of Seopopo City, from the inside of the front direction, in a state that normal driving is impossible under the influence of alcohol content 0.233% under the influence of alcohol content during blood, while driving the said vehicle, by negligence in the course of duty, while driving the vehicle in front of the victim F (M, 47 years old), waiting for signal at the front direction of the Defendant’s running.

2. The Defendant violated the Road Traffic Act (drinking) driving a motor vehicle with the alcohol content of 0.233% under the influence of alcohol at the time and place specified in paragraph 1 as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. Statement of the circumstances of driving at home;

1. Response to a request for appraisal;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each alternative fine for punishment;

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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be taken into account all of the conditions for sentencing specified in the instant pleadings, and in particular, the following circumstances shall be taken into account: A favorable circumstance: (a) reflects the situation; (b) use and drive a sacrific treatment system accompanying strokes; (c) the recovery of damage caused by a comprehensive insurance; (d) there is no history exceeding a fine; (e) the victim’s injury was not excessive; and (e) the circumstances disadvantageous to the victim: a crime of violation of the Road Traffic Act (d

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