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(영문) 대구지방법원 2017.08.01 2017고단2872
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On April 27, 2017, the Defendant was under the influence of alcohol level of 0.236% from blood alcohol level on April 27, 2017, the Defendant driven a vehicle of approximately 400 meters at the end of the Korean Child Hospital in Daegu-gu, Nam-gu to the front side of the five stop stop in Daegu-gu, Nam-gu.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by death prior to the Defendant’s vehicle) was driving the said body car at the first lane of the fifth stop line in the south-gu, Daegu-gu, Daegu-gu at the time of the above 1.1. At the same time, the Defendant, who was negligent in driving the said body car at the fifth stop line in front of the fifth stop line, thereby causing the victim C (VM520 driver’s vehicle behind the Defendant’s front part of the vehicle and causing the victim to suffer injury, such as salt, tension, etc. of the two weeks of diagnosis.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury to the victim as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report, a response to a request for appraisal, and a diagnosis report;

1. Determination of a fine by taking into account the following circumstances: pertinent legal provisions on criminal facts; Articles 148-2(2)1 and 44(1) of the Road Traffic Act; Article 5-11 of the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of a motor vehicle); and the selection of a fine by each (the defendant committed a single crime during the period of repeated crime due to a crime of this type; although the defendant committed a single crime during the period of repeated crime due to a crime of this type, the vehicle has been subscribed to a comprehensive motor vehicle insurance without severe damage to the victim; the driving power of the defendant is entirely subject to a fine by a fine by around 208; and the defendant shows a attitude that his/her mistake is divided)

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. The order of provisional payment;

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