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(영문) 춘천지방법원 강릉지원 2016.04.21 2016고정71

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of the B-learning passenger car volume.

On December 19, 2015, the Defendant 22:00, the Defendant driven the said car in a state where it is difficult to drive normally due to the influence of alcohol due to the influence of alcohol 0.158% (the result of measurement) on the street in front of D, which is located in Gangnam-si C, and was driving from the Jincheon-ri side to the emulgal side.

At the time, the Defendant was driving on the right side of the road while driving on the roadside due to influence of alcohol, physical skin, etc. (22 tax) by the victim E (22).

FM5 The rear wheels of the driver's seat and the pentel part of the FM5 car were shocked by the front part of the Defendant's vehicle.

As a result, Defendant 1 suffered injury to Defendant 2’s base base and tension during the two weeks of diagnosis by negligence in the course of performing such duties.

2. On December 19, 2015, the Defendant, in violation of the Road Traffic Act, driven the B-learning car by under the influence of alcohol with approximately one kilometer of alcohol level 0.158% (the result of measurement) in front of the “Sacheon Jincheon-gu Sacheon-gu Sacheon-do, Sacheon-do, Sacheon-do,” located on the street side of the same city from “Sacheon-gu, Sacheon-do, Sacheon-do, Sacheon-do, Sacheon-do, Sacheon-do.”

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and photographs;

1. The circumstantial report of a driver of a driving school, notification of the results of regulating drinking driving, and report on whether to drive any danger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Selection of a fine as provided in Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-2 of the Road Traffic Act concerning the crime and the selection of a fine as provided in Article 48-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;