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(영문) 춘천지방법원 2018.07.19 2018고단520
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a RP car.

On May 8, 2018, when the Defendant driven the above vehicle while under the influence of alcohol 0.118% in alcohol at around 06:35, the Defendant continued to drive the above vehicle in the direction of alcohol 0.118%, and driving the 3rd line in front of the southwest-ro 80, Chuncheon-ro, Chuncheon-ro on the right side of the driving distance, the Defendant received the front-hand part of the Defendant’s driving vehicle in front of the above 3rd line in the case (KBS) where the Defendant’s turn to the left due to the negligence of violating the signal while it is difficult to drive the vehicle normally due to the above influence of drinking.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as salvinal salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The S Statement;

1. Report on the occurrence of a traffic accident, drug map and field photograph, report on the situation of the driver at the main place, report on the situation of the driver at the main place, video related to the traffic accident, application of Acts and subordinate statutes to the medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 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, Article 38 (1) 2, and Article 50 of the same Act (to the extent that each maximum amount is aggregated);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant, while driving under the influence of alcohol 0.118% in blood, has an excessive amount of traffic accident to the person who made the traffic accident. The criminal records of being punished by a fine for 2007 due to driving under the influence of alcohol and other crimes related to driving without a license or traffic are punished several times.

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