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(영문) 수원지방법원 2017.04.25 2017고단882
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

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On January 18, 2017, the Defendant driven a nived vehicle with alcohol level of 0.161% in the blood of 00:27 minutes, and driven a nived vehicle with water level of 0.161% in the influence of alcohol, and led the front of the nived road at the parallel of the horizontal road in the sphere of the Suwon-si.

Defendant 1 was under the influence of alcohol such as the foregoing, and was under the influence of the victim C(55) driving of the victim C(55) who was waiting for a signal signal at the front of the front intersection while driving the steering gear without putting the front door and without properly operating the steering gear in the situation where normal driving is difficult due to such influence of alcohol.

As a result, the Defendant suffered injury to the victim C and the victim E (V, 48 years old) who was on board the damaged vehicle, such as catum salt, etc. which requires treatment for about two weeks, and injury to the victim F (V, 56 years old) such as gatum salt, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. C Written statements related to traffic accidents;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes against C with the largest criminal situation shall be imposed);

1. Selection of each alternative fine for punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, to the extent that the aggregate of the maximum amount of the crimes above two crimes prescribed in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Attraction of a workhouse;

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