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(영문) 서울북부지방법원 2015.01.15 2014고단3384
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On July 22, 2014, while under the influence of alcohol 0.127% on blood alcohol level, the Defendant driven Ctota RAV4 car as his duties, and led the said victim to suffer injury, such as brain dust, etc. requiring treatment for about three weeks at the right side of the victim D (52 years old) who is under the influence of alcohol and was negligent in driving at the front-time city under the influence of alcohol while he was unable to drive normally due to the influence of alcohol. At the same time, the Defendant suffered injury to the said victim, such as brain dust, etc. requiring treatment for about three weeks at the left side of the said Tya car, and caused the victim F (24 years old) who was on board the said rocketing or other car to suffer injury to the said victim for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. The actual condition of traffic accidents;

1. A report on the actual state of the driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes among the crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, and punishment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims F with heavier criminal situation);

1. Selection of each alternative fine for punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (the minimum sentence shall be applicable to the punishment determined for the violation of the Road Traffic Act, and the maximum amount of each crime within the scope determined by the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, shall be added;

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

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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