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(영문) 의정부지방법원 고양지원 2016.06.02 2016고단326
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a Csch Rex motor vehicle.

On January 12, 2016, the Defendant driven the said car under the influence of alcohol content of 0.255% in blood around 01:00, while driving it, and driving it at the speed of 0.25% in high-sea, Jungsan-dong, U.S., U.S., U.S., the five-lane distance from five-lane to U.S. village at the direction of U.S.......

At the time, the Defendant, while under the influence of alcohol and under the influence of significantly undermining the normal driving ability, mistakenly handles the steering gear and proceeds therefrom by occupational negligence beyond the center line of the road on the right side of the intersection.

In order to turn to the left at the right place at the port of the Clive Pak-si in the C (W, 54 years old), the part of the Efran vehicle in front of the Efran vehicle of the victim D (W, 54 years old) was placed as the front part of the Efex vehicle, and the victim D suffered from the injury of the Ef. (W, 26 years old), who is the passenger of the said Pfex vehicle, due to approximately two weeks of treatment, the victim F. (W.) who is the passenger of the said Pfex vehicle, was in need of approximately two weeks of treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and caused the victims to suffer injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to traffic accidents prepared D;

1. A survey report, a written diagnosis, a response to a request for appraisal, a report on the detection of a primary driver, and the application of each photographic statute;

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 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (only between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the death or injury before

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (within the maximum amount) shall apply to concurrent crimes.

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