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(영문) 수원지방법원 안양지원 2016.09.21 2016고단902

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

1. On May 1, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the “Aggravated Punishment, etc.”) with a large width of 980 o.182% of alcohol in blood during a while under the influence of alcohol at around 14:40 on May 1, 2016, the Defendant driven a chip road owned by the Defendant, with a large distance of 980 o.m., according to the flow of the city during the city of Ansan-si, in the direction of flying a flying distance from the shooting distance of the city of Annyangyangsan-gu (30 years old) that was driven by the victim C (hereinafter referred to as the “victim C”) (hereinafter referred to as the “Defendant C”), who stopped the part of the Defendant’s vehicle for QM5 riding in front of the Defendant’s operation.

As a result, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to the influence of alcohol, was inflicted on the victim G (the age of 28) who was boarding the said QM5 motor vehicle by the victim C and the victim C driving, for approximately two weeks of medical treatment, and suffered injury such as salt, tension, and so on, for about two weeks of medical treatment.

2. Defendant 1 driven the above SM5 vehicle over about 3 km from the Do near the Annyang Park in the Mayang-dong, Annyang-si, Annyang-si, under the influence of alcohol leveling 0.182% of alcohol level among the blood alcohol level at the time indicated in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C, G, and E;

1. A traffic accident report, a report on the results of crackdown on drinking driving, and a report on the situation of the driver who is placed in driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on vehicle photographs and accident scene photographs;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving) concerning criminal facts;

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 40).