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(영문) 춘천지방법원 2015.12.03 2015고단926

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a car in Csch Rexroth ES350.

On February 10, 2015, around 21:50, the Defendant driven the said car under the influence of alcohol concentration of 0.179%, while driving the said car on the Escopon in front of the Escopon-si, Chuncheon.

At the time, the Defendant was under the influence of alcohol level 0.179%, and was in a state of being unable to walk properly, and was in a state of being unable to drive normally due to the influence of alcohol due to the influence of alcohol, such as the snow was under the influence of alcohol.

Nevertheless, the Defendant: (a) was driven by the Victim F (the 29-year-old) who was driven by the Victim F (the 29-year-old) who was driven in the front bank due to an error that he was unable to drive a car in a normal condition due to influence of drinking; (b) took the front part of the said Bosch Rexroth A4 car as the front part of the said Bosch Rexroth car; (c) suffered an injury to the victim, such as the check fluor, fluor, etc. in need of treatment for about two weeks; and (d) at the same time, damaged the back fluor, etc. of the said car to receive repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of a traffic accident;

1. The actual condition survey report;

1. Medicine;

1. Photographs (fields and accident vehicles);

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. A statement prepared in F;

1. A medical certificate with respect to F;

1. Application of the written estimate statutes;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) (a point of sound driving) of the Road Traffic Act, Article 151 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act (the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, the crime of violating the Road Traffic Act, and the crime of violating the Act on the Aggravated Punishment

1. Selection of each alternative fine for punishment;

1. The Criminal Act among concurrent crimes.