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(영문) 수원지방법원 평택지원 2016.07.28 2016고정274

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 of Bone Star Co., Ltd.

1. On November 2, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) caused the injury of the injured party C (34 SM3) driving the said car to the left right-hand turn due to occupational negligence proceeding directly from the opposite direction while driving the said car at the right-side of the said 2 week in a state where it is difficult to drive the car with a view to the face of 0.218 % of the alcohol level on the face of 19:10 on the day (0 0.218%), such as the stringing, walking, and walking, while driving the said string in a state where it is difficult to drive the car normally, and driving the said string at the right-hand side of the said 2 week.

2. Defendant 2 was under the influence of alcohol concentration of 0.218% during the blood transfusion at the above day, Defendant 2 driven the above Bone Star bus at a section of approximately 300 meters from the front side of the front side of the front side of the right management site located in Pyeongtaek-si in the right management site to the front side of the management office in the above Asan Man Man Mann.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

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

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. 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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;