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(영문) 서울북부지방법원 2016.07.21 2016고단1617

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in the C SP area.

On April 17, 2016, the Defendant, while under the influence of alcohol 0.203% during blood transfusion around 02:05, driven the front road of Nowon-gu in Seoul Special Metropolitan City by driving the car in front of the said Swiss area, leading to the flow of the road into the backside of the approved mountain basin according to three-lanes among four-lanes.

At the time, at night and in the intersection where the signal, etc. is installed, the F Doo car driven by the victim E (23 Do) was stopped in accordance with the new subparagraph. Therefore, the driver of the vehicle had a duty of care to prevent the accident by driving the vehicle in a safe way by looking at the front and right right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the Defendant neglected to do so and instead received the part of the Defendant’s vehicle behind the car in the third place after the car in the third place.

Ultimately, under the influence of alcohol, the Defendant suffered injury to the victim E, such as light salt in need of approximately two weeks of medical treatment, and injury to the victim G (V, 23 years of age) who was on the top of the Dora passenger car in need of medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report (on-site investigation report);

1. A report on the detection of a primary driver;

1. Application of statutes to copies of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 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 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. The criminal defendant's reasons for sentencing of Article 334 (1) of the Criminal Procedure Act does not have any other criminal records except for the criminal records of 2002 and 2008, and the vehicles driven by the defendant are comprehensive insurance.