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(영문) 서울중앙지방법원 2016.11.09 2016고단6125
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

The defendant is a person who is engaged in driving a ice car.

On July 29, 2016, at around 01:20, the Defendant: (a) while driving the said vehicle in a state where it is difficult to drive the vehicle normally due to the influence of alcohol by 0.178%; (b) while driving the said vehicle along one lane from the moving intersection to the moving intersection as prescribed by the Olympic Games, the Defendant, as above, conflict with the Defendant’s vehicle in front of the DNA car driven by C, which is driven by the victim E(42) who continued to drive along the three-lane, by driving the vehicle on the right side by driving the vehicle driving along the influence of alcohol and driving the vehicle toward the speed of the moving intersection along the two-lane and driving the vehicle toward the right side of the vehicle by driving the vehicle along the two-lane.

As above, the Defendant suffered injury to the victim, such as the climatic salt, which requires a medical treatment for about three weeks, in a situation where normal driving is difficult due to influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report on the actual condition of traffic accidents and a report on the occurrence of traffic accidents;

1. Records of measurement of drinking alcohol and reports on detection of drinking drivers;

1. Photographs of an accident vehicle;

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, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the choice of fines for negligence (the fact that no previous one exists, the fact that comprehensive insurance was subscribed to, and the agreement was reached smoothly with the victim, and all other circumstances including the defendant's age, character and conduct, environment, etc.);

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

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;

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