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(영문) 서울북부지방법원 2016.09.22 2016고정270
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal history] On December 15, 2006, the Defendant received a summary order of KRW 1.5 million for a crime of violation of road traffic laws at the Seoul Eastern District Court on December 15, 2006, a summary order of KRW 2.5 million for a crime of violation of road traffic laws at the Seoul Central District Court on November 10, 2008, and a summary order of KRW 3 million for a crime of violation of road traffic laws at the Seoul Northern District Court on September 1, 2010, respectively.

[2] Although Defendant 1 had been punished as a crime of violating the Road Traffic Act (drinking) on at least two occasions, Defendant 2 driven an E rocketing car at approximately 2 km from the Do near the school basin located in Dobong-gu Seoul Metropolitan Government, to the roads front of the Domination store located in the same Gu as that of the Gu, around December 9, 2015, under the influence of alcohol at approximately 0.120% during blood alcohol level.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Legal statement of witness F;

1. A protocol concerning the examination of the police officers of the accused;

1. G statements;

1. A report on the occurrence of a traffic accident, a traffic accident report, a statement on the circumstances of the driver, a report on detection of the driver at home and a record of measurement of drinking;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (verification of the same kind of force), and Acts and subordinate statutes;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act (the Act on the Aggravated Punishment, etc. of Specific Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes causing death or injury before it);

1. The Defendant is a person engaging in driving a rocketing car.

On December 9, 2015, the Defendant driven the said car under the influence of alcohol content of 0.120% during blood transfusion around 04:20%, and proceeds with the four-lane roads prior to D, etc. D, etc. store located in Dobong-gu Seoul Metropolitan Government C along the two-lanes from the ewing basin to the ewing mountain basin. As such, the Defendant was under the influence of alcohol and proceeded with the duty of emulging in front.g., under the influence of alcohol.

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