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(영문) 서울북부지방법원 2014.12.04 2014고단3220
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

On August 29, 2014, while under the influence of alcohol 01:20%, the Defendant driven a CR5-car with a blood alcohol concentration of 0.135%, and proceeded to the left-hand turn from the 2-math officer's room of Dongdaemun-gu Seoul, Dongdaemun-gu, the Defendant caused the victim D(42 years of age) driving in the front part of the 2-ma-si under the influence of the 2-math officer's view that it is difficult to drive normally due to the influence of alcohol, and because it is difficult to drive the 233-lane from the 2-ma officer's room to the 2-ma officer's view, the Defendant caused the victim to suffer the injury, such as a chest-feling, etc., of the victim D(42 years of age) who is going directly from the 2-ma officer's room of

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A traffic accident report;

1. The circumstantial statement of the employee;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving sound and the choice of fines);

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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not to be weak, the defendant is in depth and reflects on his confession of all of the crimes in this case, and is the most supported by both wife and young children, it is necessary to be re-employed by being dismissed in the workplace immediately before the accident, and the vehicle is covered by the comprehensive automobile insurance and the victim reached an agreement.

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