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(영문) 서울북부지방법원 2016.07.22 2016고정1023
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 April 1, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by death and injury) committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (on April 1, 2016, while under the influence of alcohol by around 0.168% of the blood, the face light of the Defendant 0.168% of alcohol level is red, drinking, and the mold distance is difficult to drive normally, such as walking. However, the Defendant driven a car of 300C and driven a car of 100C at the same time in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, while driving a car of 1073 corporate bank in front of the company bank in the direction of the direction of the direction of the direction of the direction of the direction of the movement, and caused no injury to the victim, such as the number of days open to the Defendant’s head of the vehicle in front of the Defendant’s seat and the number of days open to the victim’s 2.

2. The Defendant violated the Road Traffic Act (drinking) driven a vehicle B 300 km from approximately 1km to the 1km road in Seoul Special Metropolitan City, Nowon-gu, to the front intersection of the 1073 Enterprise Bank, while under the influence of alcohol level of 0.168% among the blood alcohol level at the time specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, a report on the circumstances of the driver at home, and a report on the detection of the driver at home;

1. Application of Acts and subordinate statutes to medical certificates and copies of medical records;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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

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