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(영문) 수원지방법원 안산지원 2016.04.07 2015고단3591
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Ck3 motor vehicles.

On November 7, 2015, the Defendant was under the influence of alcohol content of 0.119% in blood around 05:20, the Defendant driven the said k3 car, thereby drivinging the k3 car in accordance with the two-lanes between the two-lanes among the three-lanes in the narrow 3-lane boundary from the narrow grost of the street.

The Defendant, while under the influence of alcohol, was unable to accurately operate the operation of the operation system as above, received the back portion of the E-learning car driven by the victim D while stopping for the above signal waiting, as front portion of the said k3 car, and suffered injury to the victim D, such as crums, tensions, etc., which require approximately three weeks of medical treatment. The Defendant, due to the shock, caused the said flafing car to receive the back portion of the Graf other car driven by the victim F while waiting for the above signal, thereby causing the victim Flaf to suffer injury to the victim Flaf by causing approximately three weeks of medical treatment, such as trees, lights, and so on.

As a result, the Defendant driven a motor vehicle under the influence of alcohol, and driven a motor vehicle while it is difficult to drive it normally due to the influence of alcohol, thereby causing the injury of the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The main sentence of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving) and the main sentence of Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which is deemed to have committed the instant crime during the period of repeated crime, is that the Defendant committed the instant crime, but the existing crime and the instant crime are identical.

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