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(영문) 서울남부지방법원 2015.09.24 2015고단3479
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 a car in Coinado sports car.

On June 6, 2015, at around 16:15, the Defendant driven the said car while under the influence of alcohol of 0.206% of blood alcohol concentration, and driven the front way of D in Geumcheon-gu Seoul Metropolitan Government, along one-lane from the additional station to the German acid.

The Defendant, under the influence of alcohol as above, was driven by the Defendant’s next right-hand door prior to the left-hand door of the victim E (the 50-year-old driver) driving car, who was driving in the front by the two-lanes in the front direction while driving the steering gear without putting the front door and without properly operating the steering gear in the situation where normal driving is difficult.

In the end, the Defendant was under the influence of alcohol concentration of 0.206%, and the Defendant was under the influence of alcohol, and the Defendant was under the influence of alcohol, and the Defendant was under the influence of the victim due to the injury of the crypitis that requires treatment for about two weeks

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. The actual condition survey report;

1. A report on the actual state of the driver;

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

1. Relevant Article of the Act on the Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and selection of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum total of the amounts of each of the crimes above) among concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the liability for the crime is not minor in light of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the degree of damage and the high volume of drinking water of the defendant, the punishment as ordered shall be determined in consideration of the fact that the defendant recognizes and reflects the crime, the fact that the defendant has no criminal power, the fact that the defendant has no criminal power, the age, character and conduct, environment and circumstances after the crime, etc.

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