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(영문) 수원지방법원 평택지원 2016.11.09 2016고단1973
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 Bran TG car.

On July 22, 2016, at around 01:40, the Defendant was under the influence of alcohol with 0.253% of alcohol level 0.253% of the Defendant’s blood alcohol level, and the front of the road was proceeding at a scarcity from the scarcity to the scarcity.

At night, a person engaged in driving of a motor vehicle had a duty of care to drive the motor vehicle in line by accurately manipulating the steering direction and the steering direction and the steering mechanism of the motor vehicle.

Nevertheless, in the situation where normal driving is difficult due to the influence of drinking, the Defendant got a street tree planted near the opposite lane by the negligence of driving a motor vehicle and received it.

As a result, the Defendant suffered injury, such as the escape of the dog gate, which requires approximately 8 weeks of treatment to the victim D (n, 53 years of age) who was on board the Defendant’s vehicle due to such occupational negligence, and driven a vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The actual investigation report on traffic accidents and the report on occurrence thereof;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. A medical certificate;

1. Application of Acts and subordinate statutes to each photographic (accident scene, etc.);

1. Relevant legal provisions and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that apply to the crime, the choice of a sentence, and the choice of fines as provided for in Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a person causing death or injury due to dangerous driving);

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 reasons for sentencing of Article 334(1) of the Criminal Procedure Act (based on the application of the sentencing criteria) of the provisional payment order is recommended by the sentencing guidelines of the O Sentencing Committee. However, the circumstances leading to the crime, the victim's relation, the relationship between the defendant and the victim, the circumstances after the crime, criminal records, and other defendants.

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