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(영문) 수원지방법원 안산지원 2016.06.28 2016고단1516
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 7, 2016, the Defendant driven a motor vehicle of 0.216% of alcohol level in blood, while driving a motor vehicle of 0.216% under the influence of alcohol level from the uppermost distance in the ethal region of Ansan-si, Ansan-si. In order to make it difficult for the Defendant to drive the motor vehicle of 0.216, the Defendant driven the motor vehicle of ethurd from the uppermost distance of North Korea to the uppermost distance of North Korea.

Since there is a road where a central line is installed, there was a duty of care to make sure that a person engaged in driving service should accurately operate the steering gear and safely circumvent the vehicle.

Nevertheless, while under the influence of alcohol, the Defendant was unable to properly operate the steering gear and went by bypass, the Defendant was able to receive the front part of the said car from the victim C(47 tax) who driven a road facing the median line from the uppermost water surface to the upper water surface distance.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as catum salt, etc., in need of treatment for about two weeks to the victim E (the 37 years old), and the victim F (the 36 years old and the 36 years old and the 36 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. Each written diagnosis;

1. A report on the occurrence of actual condition investigation and a traffic accident;

1. Application of Acts and subordinate statutes to the circumstantial report on the driver of the main driver, the certificate of alcohol alcohol during blood and the report on detection of the driver of the main driver;

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

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

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.

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