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(영문) 수원지방법원 안양지원 2015.03.25 2015고정12

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

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

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged are organized and recognized as follows:

On March 23, 2014, the Defendant, while under the influence of alcohol 05:15% of blood alcohol level, driven a IMN car with B 0.134% of alcohol level, led to the Defendant to drive the IMN car, which is located in SIM C at Annyang-gu, Annyang-gu, Annyang-gu.

The Defendant, under the influence of alcohol, conflicts over the left-hand side of the Defendant’s driving vehicle with the upper right-hand side of the victim E(E, South, 54 years old) driving on one-lane in the same direction.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury such as salt, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A traffic accident-related statement prepared by E;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) and 2, and 44 (1) of the Road Traffic Act and the choice of fines for each crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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