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(영문) 서울북부지방법원 2015.04.09 2015고단568
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

1. Around 19:20 on December 1, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was unable to drive normally a car with a breath alcohol level of 0.19% under the influence of alcohol level, such as 0.19% of the Defendant’s vehicle’s c.m., f., by driving a new-burged vehicle B, driving the front road of Dongdaemun-gu Seoul, Dongdaemun-gu, along the two-lanes in the direction of shooting distance from the front of the road in front of the front of the road in front of the road in front of the front of the road in front of the front of the road in front of the front of the road in front of the front of the road in front of the front of the road in front of the front of the road in front of the front of the road in front of the front of the road in front of the road in front of the front of the road in front of the road in front of the road.

2. While the Defendant was under the influence of alcohol level of 0.19% at a temporary border under paragraph (1) of this Article, the Defendant was driving a vehicle of 500 meters away from the shooting distance of Dongdaemun-gu Seoul Metropolitan Government to the front day of the same Gu from approximately 500 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Written estimate;

1. A medical certificate;

1. Results of measurement of drinking;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Application of the statutes governing the actual condition of traffic accidents;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the selection of punishment for the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order has two times the records that the defendant was punished for the crime of violating the Road Traffic Act, and the blood alcohol concentration of the defendant at the time of the instant crime is significant.

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