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(영문) 수원지방법원 안산지원 2016.07.08 2016고단1605

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

1. On April 9, 2016, the Defendant: (a) driven CK7 cars while under the influence of alcohol with approximately 0.242% alcohol concentration at approximately 1.2km from the front side of the Dong name commercial building located in the Gu line of a member of Ansan-si, Ansan-si, to the Gun-ro 11-distance away from the Gun-gu, Ansan-si to the Gun-gu Gun-dong-dong-dong-dong 11.2km.

2. On April 9, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven by the victim D (61) who was parked in the air via signal at the front of the Defendant, while driving a CK7 car at around 0.242% of alcohol concentration in blood, and driving the CK7 car at around 0.20% of alcohol concentration in his/her blood, and driving it at the 11st Gun, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, who was living in the middle of Dong-dong, in the middle of Dong-dong, and driving it at around 32 years of age and around 5 years of age in the front of the above vehicle of the Defendant, sustained the victim’s stroke part of the back crime, such as stroke and tension for treatment of the damaged vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. The application of each written appraisal response, and each written diagnosis;

1. Article 148-2 (2) 1, 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 the crime;

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

1. Selection of an alternative fine for punishment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (within the scope of aggregated of long-term punishments) of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The circumstances that are disadvantageous to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The crime of this case is committed on the wind that the driver could not keep the front while driving in the state of detention, and the damaged vehicle standing in the signal atmosphere.