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(영문) 서울북부지방법원 2016.03.17 2016고정274

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who drives B SP car.

A. On November 14, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by danger) was under the influence of alcohol on around 02:10 on the part of the blood, and the face of which is 0.125%, and so it is difficult to drive a motor vehicle normally, despite the difficulty of driving the motor vehicle with red and snow shocking, the Defendant driven the motor vehicle B, and then 1279 on the same day in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, 3 apartment crossing in front of the three-lane apartment crossing in front of the apartment, and the Defendant sustained the injury of the victim and the victim in front of the motor vehicle, who suffered the injury of the victim and the victim in front of the left at the left side of the motor vehicle, who was under the influence of the victim C's driver's Doz 200 on the right side of the motor vehicle in front of the 1st direction of the government."

B. On November 14, 2015, the Defendant, while under the influence of alcohol leveling 0.125% from blood alcohol leveling around 02:10 on November 14, 2015, driven the said car from the front of the apartment store in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu to the same 1729, the same Gu from the front of the apartment store in the offset-dong, Seoul Special Metropolitan City to the front intersection of the apartment complex is about 1.5 km.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident of C, E, and F;

1. Each written diagnosis;

1. A traffic accident report and a traffic accident report (on-site investigation report);

1. Photographs of the accident vehicle and on-site photographs;

1. Application of Acts and subordinate statutes to reports on the circumstances of the driver's license in the main place and reports on the detection of the main driver;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.