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(영문) 부산지방법원 2017.08.16 2017고단3185

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is a person engaged in the operation of Q6 automobiles.

On June 4, 2017, the Defendant driven the said vehicle under the influence of alcohol such as 0.154% of alcohol level among blood transfusions, with a face of 0.154% long-distance, and with a view to normal driving due to the influence of alcohol such as drinking, and operated the said vehicle at a speed of 5 lanes near the 235-lane-ro, Busan Metropolitan Government World Cup, as Busan Metropolitan Government World Cup, with the two-lane lines from the court room to the intersection of the city-speed speed of about 20km in the speed of about the speed of 20km, due to occupational negligence, the Defendant neglected to take part of the back part of the E Q90, which is driven by the victim D in the front line of the same lane, to ensure that the victim is driving the said vehicle again to the end of the 5-lane MM while driving the said vehicle by shocking the said part to the next end of the 5-lane MM.

As a result, the Defendant was in a state of drinking alcohol concentration 0.154% while blood was in a state of being in a state of being unable to drive normally, and thereby, the Defendant driven the above harming vehicles, thereby suffering from the injury of the victim D, such as climatic salt in need of approximately two weeks of treatment, and light climatic salt requiring approximately three weeks of treatment to the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D and two other written statements;

1. Each written diagnosis and written estimate;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The actual investigation report on traffic accidents;

1. Application of the statutes on site photographs and photographs of accident vehicles at the time of accident;

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

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 Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) of the Criminal Act to attract a workhouse.