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(영문) 수원지방법원 2017.09.08 2017고정2086
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

1. On May 15, 2017, the Defendant: (a) driven the said vehicle while under the influence of alcohol level of 0.185% from blood transfusion around 11:00 on May 15, 2017; and (b) was given a part of the victim C Driving D Driving that was directly located on the right-hand side of the direction, due to the negligent operation of the steering gear in a state that it is difficult to drive normally due to influence of alcohol while driving normally at the speed of 403 letter Do 403.

Ultimately, the Defendant suffered injury to the victim C, such as salt, tensions, etc. in need of approximately two weeks of treatment by occupational negligence as above.

2. Defendant 1 driven the said vehicle at a section of about 1.5 km under the influence of alcohol level of about 0.185% in blood at the same time and at the same place as above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. A survey report on actual condition, a traffic accident occurrence report, a report on the circumstances of the driving of the driver at home, a statement on the circumstances of the driver at home and an investigation report (a report on the circumstances of the driver at home);

1. Crash photographs;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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