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(영문) 서울서부지방법원 2017.05.19 2017고정138
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by a fine of 6,00,000 won;

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

Reasons

Punishment of the crime

1. Around 07:50 on October 16, 2016, Defendant 1 driven a BK5 car, and driven a one-lane of the three-lanes of the front side of the Yongsan-gu Seoul Yongsan-gu Seoul building into a state in which normal driving is impossible due to the influence of drinking (0.130% alcohol level in blood) while driving a car in the direction of the parallel (0.130%), while driving a car in the direction of the direction, Defendant D’s steering the steering part of the victim D’s EK5 si, who carried a U.K. in the front line, with Defendant 2-day medical treatment for approximately two weeks.

2. The Defendant is under the influence of alcohol concentration of 0.130% from the blood of a day-to-day border, as described in paragraph (1), and is 263 o.b., Jung-gu, Seoul.

From the Do near the Alele to the point of the accident described in paragraph 1, the above B K5 car was driven at approximately approximately 5 km.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Medical certificate (D);

1. Investigation Report (as to the above drone mark result)

1. Application of the photographic Acts and subordinate statutes;

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. The aggravated punishment for concurrent crimes is provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be aggravated);

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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