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(영문) 제주지방법원 2017.03.28 2017고단199
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

1. The Defendant is a person who is engaged in driving Cone Star Co., Ltd. in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On December 26, 2016, when the Defendant was under the influence of alcohol leveling to 0.159% during blood transfusions, while driving the said fluorous vehicle in a state where it is difficult to drive under normal conditions, such as the snow snow snow snowing, etc., while driving the said fluor while driving the said fluoring vehicle over the center line on the north of the dong-gu, Han-gu, Han-gu, Han-si, Han-si, the Defendant got to turn to the left at the right side of the fluor of the fluor of the victim D (32 ) which turned to the left from the narrow fluor of the fluoron pursuant to the new subparagraph, the Defendant was driving the fluor in front of the right side of the said fluoring vehicle.

As a result, the Defendant driven the above van while it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks.

2. Violation of the Road Traffic Act (drinking) driving the Defendant, while under the influence of alcohol 0.159% in a section of approximately 1km from the nearby Do in the same distance of the name of Dong located in the same Ri from the Han forest market every day, at the Han forest Eup at the time of the day specified in paragraph (1), in the influence of alcohol 0.159% in front of the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, the scene of the accident, photographs of the accident vehicle, and the actual condition of the traffic accident;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes of D's written statements and written diagnosis;

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

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

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

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

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