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(영문) 수원지방법원 안양지원 2016.09.08 2016고단1001
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 14, 2016, the Defendant driven a BBR two-wheeled vehicle at a section of approximately 1.2 km from the front side of the Pyeongtaek-dong Young Apartment-dong and the front side of the Sinking-si to the king-si Ying-si Ying-si, while he was under the influence of alcohol at a level of 0.136% of alcohol level on May 14, 2016.

2. The Defendant of the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) caused injury to the victim C, who was on the backside of the said two-wheeled vehicle, by driving the said two-wheeled vehicle under the influence of drinking, such as the following, at the time and place indicated in paragraph (1) as above, in a situation where normal driving is difficult due to the influence of drinking, such as the following: (a) a little big distance from the grascing of the two-wheeled vehicle; and (b) a three-lane distance from the grascing direction to the grascing direction at the speed of 30km in speed at the speed of 30km in speed from the grascing direction; (c) while driving the three-lane grascing road at the speed of grascing of the three-laned vehicle, the said two-wheeled vehicle shocked the border line of India at the speed of about four weeks.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each traffic accident report;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 148-2 (2) 2 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, confessions and reflects by each defendant, the defendant does not want the punishment of the defendant by mutual consent with the victim of the traffic accident, the defendant's branch want the defendant's wife against the defendant, and the defendant is the first offender.

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