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(영문) 서울서부지방법원 2016.07.12 2016고단1409
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. Violation of the Act on the Aggravated Punishment of Specific Crimes (Death and Injury caused before the risk) was 0.126% of alcohol level in blood, the Defendant was 0.126% of alcohol level in blood, and the Defendant was unable to make his/her face, and he/she was unable to drive normally because his/her walk was rash to the extent that he/she would distort it.

Around 03:00 on May 7, 2016, the Defendant driven B Poter Cargo Vehicles while under the influence of alcohol, while driving the front road in front of Mapo-gu Seoul Metropolitan City on the backside of the Kye Park in front of the road in front of the Defendant’s cargo vehicle in front of the passenger vehicle in front of the Defendant, waiting for the front part of the passenger vehicle in front of the passenger vehicle in front of the Defendant and driving by the victim D while stopping, and suffered injury to the said victim, such as culp salt for about three weeks in need of medical treatment, and suffered injury to the victim F of the passenger aboard the said Poter, such as culdum salt for two weeks in need of medical treatment.

After all, the Defendant was injured by driving a motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking.

2. Around 03:00 on May 7, 201, the Defendant driven B Poter cargo under the influence of alcohol content of about 0.126% from the 1.5km section from the 2nd Station in the New Village of Mapo-gu Seoul to the 178nd road.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a report on the detection of a primary driver, and a statement on the circumstances of a primary driver;

1. Photographs of the skin and damaged vehicle;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (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. The defendant who selected the punishment is divided into his mistake, the first offender who has no record of crime, and the degree of injury of the victims.

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