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(영문) 서울북부지방법원 2016.09.27 2016고정1683
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a Brane car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk)

On June 14, 2016, the Defendant driven the said car at a low alcohol level of 0.145% among blood transfusions, so that it is difficult to drive it normally due to the influence of alcohol to the extent of 0.145%, and driven the front road of Dongdaemun-gu Seoul, Seoul, along the two-lanes in the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the shooting distance.

The Defendant, while under the influence of alcohol, has been driving the Victim D (55) (55) who was waiting for a Madern signal by negligence that neglected the duty of Madern State.

The part behind the E-si was received as the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered from the injury of the victim F(36) and the victim G(40) by negligence in the course of performing the above duties to the victim F(36) who was on board the victim D and the damaged vehicle as a passenger, for about two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking) driven the said car under the influence of alcohol with 0.145% alcohol concentration in blood at a time and place, such as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a statement of actual investigation;

1. Statement of the circumstances of the driver involved in driving, report on the detection of the driver involved in driving, and record of the measurement of drinking;

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

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and 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 each 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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