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(영문) 의정부지방법원 2016.04.21 2015고단3918
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

The defendant is a person who is engaged in driving a motor vehicle of the United States C. C.

On August 31, 2015, the Defendant driven the said vehicle while under the influence of alcohol 0.164% during blood transfusion 0.17:00, while driving the said vehicle, and driven the road of 20-lane 3 lanes in front of the Seoul Arts Center at the time of the Gyeonggi-do Government, along with one lane towards Seoul, from the Viewing side of the Government.

On the left-handton road of the driving direction, ENata car driven by the victim D(55) was in the atmosphere of the signal, so it was well grounded in the situation and there was a duty of care to safely drive the car.

Nevertheless, under the influence of alcohol, the Defendant was under the negligence of running on the one lane and that of the U.S., and the part behind the right side of the said sub-car and the part behind the left side of the sub-car.

As a result, the Defendant driven a vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered damage to light water that requires approximately six weeks of medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on occurrence of a traffic accident, report on the circumstances of a driver driving, and notification of the results of regulating drinking;

1. A medical certificate;

1. Application of statutes on site photographs;

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

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 circumstances that are disadvantageous to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The instant crime causes a traffic accident while driving alcohol and thus causing injury to the victim and is highly likely to cause such danger and criticism, the circumstances that are favorable to the victim's injury: the Defendant is the first offender, and some amount for the victim D (150 million won).

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