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(영문) 서울북부지방법원 2016.09.22 2016고정1267

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On March 25, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by death before the risk) was under influence of alcohol at around 03:27% of alcohol while drunk, and the horses divided by the horses, and even though it is difficult to drive normally, such as walking, it was difficult to walk, the Defendant driven B Scccoo-ro 100cc, Seoul Special Metropolitan City, Nowon-gu, driving a private road at the entrance of the 992-1 Tae-Scoo-gu, Seoul Special Metropolitan City, Nowon-gu, along the two-lane in the direction of the air hill in the direction of the movement from an implicit side, and caused the injury to the victim, such as “an injury to the victim” and “an injury to the victim, such as the left-hand side of the D Drown of the driver’s vehicle of the victim, the left-hand side of the left-hand side of the vehicle, and caused the collision between the victim and the left-hand side.

2. The Defendant, while under the influence of alcohol content of 0.147% during the day-to-day alcohol specified in paragraph (1), driven the above 200 meters section from the roads near the Seoul Jung-gu, Jung-gu, Seoul to the private-distance intersection at the entrance of 92-1, Seoul Special Metropolitan City, Nowon-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement of C and G;

1. A survey report on actual conditions, a report on the occurrence of a traffic accident, a report on the circumstances of the driver at home, and a report on the detection of the driver at home;

1. Photographs, such as an accident vehicle;

1. Application of Acts and subordinate statutes to a criminal investigation report (investigation into images);

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 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 Code of Aggravation of Concurrent Crimes;