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(영문) 수원지방법원 안양지원 2018.07.11 2018고정266
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

1. On February 24, 2018, the Defendant driving a vehicle of approximately two km in front of a corporate bank, which is located in the 111-lane from the inside of the same Gu and located in the same way as the inside of the same Gu, while under the influence of alcohol content 0.189% in the blood of around 23:15, the Defendant was driving a vehicle of approximately two km in front of the corporate bank.

2. The Defendant is engaged in driving of a vehicle with the highest price as described in the above paragraph (1).

The Defendant, at the same time and place as the above paragraph 1 above, driven the above low-speed vehicle under the influence of 0.189% alcohol concentration in blood, and proceeded with the three-lane road prior to the corporate bank as set forth in the above paragraph 1 from Seoul to militarypool, one lane. The Defendant, by negligence, driven the victim C (31 Do) driving car driving car driving on the same lane as before the same lane without looking at the front while it is difficult for the Defendant to drive the vehicle normally due to influence of drinking, such as red and irregular streets, and by negligence, sustained the victim and the victim E (31 Do) who was driving on the same lane by taking the front part of the Defendant’s driving on the front part of the above top of the driver’s vehicle in front of the Defendant’s driving, resulting in the victim and the victim E (31 Do) who was boarding the said BM vehicle in need of approximately two weeks treatment for each day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement in C and E;

1. Reports on traffic accidents, notifications of the results of regulating driving of drinking alcohol, investigation reports (report on the circumstances of the driver of drinking alcohol), and circumstantial statements of the driver of drinking alcohol;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the accident vehicle and booming video images;

1. Article 148-2 (2) 2, 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 each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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