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(영문) 의정부지방법원 고양지원 2017.03.03 2017고단157
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 6 million won.

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 B-L car.

On December 15, 2016, the Defendant driven the said car under the influence of alcohol level of 0.193% among blood transfusions around 08:00, while driving it at the center of Seoyang-gu, Seoyang-gu, 462, which is located in the center of Goyang-gu, Seoyang-gu, Goyangyang-do, and proceeded toward the intersection of the private distance from the center of the Blyang-gu.

At the time, the Defendant was under the influence of alcohol so that the ability to normally determine surrounding traffic conditions, etc. was significantly deteriorated, and thus, the Defendant was straighted on the left-hand left-hand lane at the second straight line, and the Defendant did not properly check the victim C(51) driving car that was driven by the third straight line at the front line at the front line, and did not properly check the said car, and suffered injury, such as the clodal dals, which requires the victim to take care of approximately two weeks of the said car at the right-hand part of the front line of the said car.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual condition and a report on the detection of a driver engaged in driving;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

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. In light of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act reflects the wrong reasons for the provisional payment order, the degree of injury to the victim is relatively minor, the comprehensive motor vehicle insurance policy is purchased, the same criminal record and one time (2009) is involved, the drinking value, the age, sexual behavior, family relationship supported by the defendant, etc.

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