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(영문) 부산지방법원 2016.09.30 2016고단1906
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

The defendant is a person who is engaged in driving duties for KS5 vehicles.

On March 27, 2016, the Defendant driven the said car under the influence of alcohol content of 0.169% from blood at around 11:00, while driving the said car in a state where normal driving is difficult due to the influence of alcohol, and driving the said car at a speed of about 40 km from the intersection to the intersection of the east-gu, Busan Metropolitan City along the three-lanes from the intersection to the intersection of the east-do along the intersection, without securing a safety distance, while driving the said car at a speed of about 40 km in the speed of the city at the speed of the e (35 years old) of the victim E (35 years old) who is waiting in the front of the signal at the front bank due to occupational negligence without securing a safety distance and neglecting to drive the said car at the speed of 30 km.

Defendant 1 suffered injury to the victim E in need of approximately two weeks of medical treatment due to the foregoing traffic accident, and injury to the victim G (the 32 years of age), who is the passenger of the victimized vehicle, such as salt ties, tensions, etc. in need of medical treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report prepared by E;

1. A traffic accident report (1) a actual survey report;

1. Statement of the circumstances of the driver involved in driving;

1. An accident scene photograph;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on investigation (not accompanied by a written statement);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes against G with heavy 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 (aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, to the extent that the aggregate of the maximum amount of each of the crimes above is added to the punishment as provided for in the offense of violation of the Act on the Aggravated Punishment,

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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