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(영문) 서울서부지방법원 2018.04.05 2017고정1514

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

1. On September 1, 2017, the Defendant was under the influence of 0.162% of alcohol level during blood transfusion on September 1, 2017, and was under the influence of at least 0.162% of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and was driving by the victim E (44 years) who driven a FSP car driving on the Defendant’s vehicle following the Defendant’s vehicle and was under the influence of 0.162% of alcohol level at the front of Yongsan-gu Seoul, Yongsan-gu, Seoul. The Defendant was under the influence of the alcohol level.

Ultimately, the defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in the injury of the victim, such as cerebral abrut, which requires medical treatment for about two weeks.

2. On September 1, 2017, the Defendant was under the influence of alcohol level of 0.162% from blood transfusion around 19:00 on September 1, 2017, the Defendant driven a Crash car at a level of about five meters, which leads to neglecting and neglecting at the bank of the winter-dong community service center in front of Yongsan-gu Seoul, Yongsan-gu, Seoul.

Summary of Evidence

1. In the first public trial protocol, a statement to the effect that "a statement recognizing the fact that drinking alcohol has driven and the fact that has caused a traffic accident" made by the defendant is stated

1. A fact-finding survey report, a report on the occurrence of a traffic accident, and a written statement on the occurrence of a traffic accident E;

1. Statement of the circumstances of the driver at the main driver, investigation report (report on the circumstances of the driver at the main driver), and report on the detection of the driver at the main driver;

1. Application of Acts and subordinate statutes (E);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment against the crime: former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes [the point of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the selection of fines and the selection of fines], Article 148 (2) 2 and Article 44 (1) of the Road Traffic Act [the point of violation of the Road Traffic Act and the selection of fines];

1. Aggravation of concurrent crimes: The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be heavier than the punishment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving).