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(영문) 인천지방법원 2016.05.19 2016고단1456
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a DM5 vehicle in accordance with the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On February 16, 2016, the Defendant, at around 23:10, 00, driven the said car under the influence of alcohol such as ina large 0.134% of alcohol concentration, and suffered injury, such as brain francing, etc., requiring approximately two weeks of treatment, by driving the said car under the influence of alcohol. On February 16, 2016, the Defendant: (a) driving the said car under the influence of alcohol; (b) driving the vehicle in the direction of the stem village of the Incheon Nam-gu, Namdong-gu, Incheon at the site of the apartment construction; (c) driving the vehicle in the direction of the stem village; (d) driving of the victim E (e.g., 46 years of age) who was stopped due to the crackdown of alcohol; and (d) driving the vehicle in the front part of the Defendant’s vehicle.

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.

2. The Defendant violated the Road Traffic Act (drinking driving) driving of the said DM5 vehicle under the influence of alcohol content of 0.134% during the light of alcohol during the day specified in paragraph (1) and proceeded with the amount of 1.5km from the front day of the winter-gu Incheon Metropolitan City Bronon-dong Bronon-gu to the front day of the 75-0-on-way street.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A survey report on actual conditions;

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

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

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (within the scope of the sum of the maximum amounts of each of the above crimes);

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

1. The Criminal Procedure Act of the Provisional Payment Order.

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