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(영문) 대전지방법원 천안지원 2018.01.19 2017고단2364
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of nine 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 who is engaged in driving the B M& car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On September 23, 2017, the Defendant driven the said car under the influence of alcohol level of 0.237% from blood alcohol level on the 20:41, while driving the said car on the back side of the D cafeteria located in Asan City, and driving the side road in front of the D cafeteria located in Asan City, in the vicinity of the D cafeteria, and was negligent in neglecting the front side and the right side side side of the victim E (n, 34 years old) driving, followed by the driver's seat on the side of the driver's seat of the Defendant, and received the pent portion from the front side of the driver's seat of the Defendant.

As a result, the Defendant suffered from the Defendant’s negligence on the part of the above occupational negligence in a 2-day cirratum flusium in need of approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a B Mep car under the influence of alcohol content of approximately 100 meters from the front of a lux restaurant to the front side of a D lux in C, where it is impossible to identify the trade name located in the luxan luxan lux, Plux, Plux, Plux lux, a day-to day-day, a day-to-day, a day-day, in which it is possible to identify the trade name located in the D lux.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The actual survey report and each photograph;

1. An appraisal report or a report on the detection of a primary driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the selection of fines for each 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. Taking into account the fact that the high drinking level of reasons for sentencing under Article 334(1) of the Criminal Procedure Act in the order of provisional payment is high, the first offense, the subscription to a comprehensive insurance, the degree of injury is minor, etc.

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