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(영문) 제주지방법원 2015.09.18 2015고정702
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 4, 2015, around 03:05, the Defendant, at the same time as Jeju Island, was driving on the road side of the 115 (Dried Dong-dong) in the blood alcohol concentration of 0.213 percent ( blood collection appraisal value) in a state that normal driving is difficult due to the influence of drinking on the road on the same side of the Rastal-distance-ro, the 115 (Dried Dong-dong).

At all times, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating the steering gear and steering the steering gear in a clear spirit.

Nevertheless, due to the negligence of driving under the influence of alcohol while normal driving is difficult, the part concerning the backer of the Frost vehicle driven by E (ma, 45 years old) at the location of the accident was shocked by the front part of the defendant.

After all, the defendant's negligence inflicted on the victim G (maek and 43 years old), who is the passenger of the damaged vehicle, the victim G (maek and 43 years old), about three weeks of health care, knee's tye tye tye and tension, etc., and the same H (ma and 43 years old) in need of stability for about two weeks of health care.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the statement of the situation of a drinking driver, report on the assessment of blood alcohol (2015-M-12382) and report on the control of drinking driving;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes on traffic accident scene intensity and photographs related to traffic accidents;

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

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

1. Selection of each alternative fine for punishment;

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. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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