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(영문) 수원지방법원 2018.09.13 2017고단6700
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a K5-car.

On September 17, 2017, the Defendant driven the said car while under the influence of alcohol level of 0.202% from blood alcohol level around 21:45 on September 17, 2017, and driven the two-lane ahead of the C in the direction of the mountain basin, along the two-lanes in the direction of the mountain direction.

At the same time, the Eststuning car driven by the victim D(59) was stopped in the signal atmosphere, and the Defendant engaged in driving service was obliged to accurately manipulate the steering direction and operation system and prevent accidents in advance by accurately manipulating the steering direction and operation.

Nevertheless, the Defendant neglected to do so and was negligent in driving so that the part concerning the back of the rocketing car was driven by the Defendant’s vehicle as above, which was the front part of the KS5 car.

Ultimately, the Defendant, while driving the said car under the influence of alcohol that is difficult to drive normally, suffered from the injury of the victim F (52 years old), the victim F (52 years old), and the victim G (28 years old) in need of approximately two weeks of medical treatment.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. A fact-finding survey report, report on the occurrence of a traffic accident, and an accident scene photograph;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver 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 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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