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(영문) 수원지방법원 안양지원 2015.08.13 2015고단627
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

1. On March 27, 2015, the Defendant: (a) driven C Poter truck even at the same time while under the influence of alcohol at a level of 0.220% in the influence of alcohol without obtaining a driver’s license at around 17:20 on March 27, 2015; and (b) at the same time, at the same time during the border of the Manyang-gu in the city near the road at the same time during the same hours.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving the said cargo around 17:20 on March 27, 2015 and driving it on the road leading to the flow distance from the old Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do

The Defendant driven the above cargo while driving the vehicle under the influence of alcohol, such as opportuning snow, walking, and walking, even though he was in a state of difficulty in normal driving due to the influence of alcohol, etc., the Defendant was under the influence of driving the vehicle, due to the occupational negligence of the victim D(49 years old), who was in the atmosphere signaled at the front of the vehicle. The Defendant received the back part of the Eknife vehicle of the victim D(49 years old) who was in the front of the vehicle.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in the injury of the victim, such as salt pans, tensions, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Traffic accident report (1) (2), report on the circumstances of a drinking driver, and report on the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of Acts and subordinate statutes to vehicle photographs and field photographs;

1. Relevant provisions of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime, subparagraph 1 of Article 152 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, the former part of 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 Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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