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(영문) 대구지방법원 서부지원 2016.06.23 2016고단854
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a motor vehicle of hurburg.

On April 24, 2016, the Defendant driven the said car under the influence of alcohol level of 0.160% among blood alcohol level around 22:00, and led to the flow of the road in front of the luxin YUU-gun of Daegu-gun to the seat of Daegu-gu arboretum on the roads in front of the luxin luxon of the luxon.

The Defendant was negligent in not operating the brake system accurately under the influence of alcohol, such as a string distance, and caused injury to the victim by taking the back of the cub vehicle in D, which was driven by the victim C while driving in front of the said cub vehicle, as the front cuber of the said cub vehicle, and suffered approximately two weeks of treatment for the said cuber vehicle.

As a result, the Defendant driven the said car while under the influence of alcohol, and driven the said car while it is difficult to drive it normally due to the influence of alcohol, thereby causing the injury to the said injured person.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements with respect to C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (2) 2 and 44-2 (1) of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of a motor vehicle), the choice of each fine (a confession and reflective attitude, the degree of traffic accident, the degree of injury to the victim is very minor, the vehicle involved in the accident is covered by the comprehensive motor vehicle insurance, the victim is not punished due to an agreement with the victim, and the defendant is not guilty).

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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