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(영문) 서울동부지방법원 2018.10.04 2018고단2586
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. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) was driven on July 17, 2018 at around 0.102% of alcohol concentration in the blood, and went into the direction of the police hospital distance on the surface of the Belgium (Seoul Songpa-gu road), while driving in the same direction as the above vehicle, while under the influence of alcohol, the Defendant was driven by the victim D (e.g., 53 years old) who driven in the same direction as above while driving in the same direction as the above vehicle and driving in the direction of the police hospital distance on the surface of the Belgium C, the vehicle was driven in the front part of the e-hurbur vehicle.

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, was inflicted on the victim FF (59 years old) who was on the said victim D and the said victim D, and was on the said victim D and the said hurd vehicle, respectively, for about two weeks of medical treatment.

2. The Defendant was under the influence of alcohol level of 0.102% during the day-to-day alcohol level as set forth in paragraph (1) of this Article, and driven B-to-be vehicles from 500 meters in approximately 500 meters to the front road of Songpa-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A survey report on actual conditions, a report on the measurement of drinking alcohol, and a report on the detection of drivers of drinking alcohol;

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 Competition;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: An accident occurs while driving on the road while under the influence of alcohol.

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