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(영문) 제주지방법원 2017.09.08 2017고단1183
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 13, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driving a BK3 car while under the influence of alcohol at around 03:30% of alcohol during blood, and then driving the 157 general stadium at the Sastro, a Sastro, a Sastro, a Sastro-distance from the Sastro-distance bank at the Sastro-distance bank at the Sastro-distance bank at the Sastro-distance and the left-hand road at the Pastro-distance bank, while neglecting the duty of drinking, the Defendant caused the victim C (23 years old)’s non-registration car, which was travelling in the front part of the said vehicle, and caused the victim to sast and sake by taking the back of the said vehicle, requiring approximately two weeks medical treatment and the victim to do so.

Accordingly, the defendant was injured by driving a car in a state where it is difficult to drive the car normally while under the influence of alcohol.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said BK3 car at approximately 100 meters from the 165 Hyundai Motor Vehicle Jeju-ro, Jeju-ro, Jeju-ro, at the same time, at the same place, at the same time, and while under the influence of alcohol 0.139% in alcohol during blood, the Defendant driven the said BK3 car at approximately KRW 100 meters from the 157-ro, Jeju-ro, Jeju-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Accident description, on-site photograph, and traffic accident report (on-site survey report);

1. A medical certificate;

1. Application of Acts and subordinate statutes to inquire into the circumstantial statements of drivers of drinking alcohol and the results of crackdown on drinking driving;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning criminal facts, Article 148-2 (2) 2 of the Road Traffic Act (the point of drinking) and the selection of fines for each crime (refer to the conditions favorable to the following):

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 following circumstances and the defendant's age, sex, environment, and crime for the reason of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

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