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(영문) 서울서부지방법원 2017.10.20 2017고정1004
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On December 30, 2016, the Defendant: (a) driven a vehicle in body under the influence of alcohol level of 0.12% during blood while under the influence of alcohol level of 0.12% from the upstream of the city south-si, Seoul, west-si to the 1st century north-ro, Seoul, Mapo-gu.

2. When Defendant 1 violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by danger), Defendant 1 driven a vehicle listed in paragraph (1) in the condition that it is difficult to drive normally at a 0.12% of alcohol level among blood transfusion during the day-to-day border, resulting in a fluoral fluoral fluor, etc. in need of approximately 40 through 50 kilometers in speed in the speed of about a speed of about 40 to 50km between the two-lanes of the city-to-day Seoul Mapo-gu and the Hannsan-ro, Mansan-ro, Seoul, the Hannan-ro, the Hannan-ro, the Hann-ro, the Hann-ro, the Hann-do, along the Hann-do, was driven by the victim at the speed of about 2 weeks in the front of the DM3 vehicle driven by the victim before the same direction.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. A report on detection of drivers of alcoholic beverages and a report on measurement of drinking alcohol;

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

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;

2. Aggravation of concurrent crimes with the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravated punishment of concurrent crimes (to the extent that the aggregate amount of the amounts of the above two crimes is added).

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

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

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