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(영문) 제주지방법원 2015.03.27 2015고단64
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

On November 22, 2014, while under the influence of alcohol 0.177% on blood alcohol level at 22:00, the Defendant driven a C-A-A-A-A-A-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-U-A-U-U-U-U.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement related to traffic accidents prepared D;

1. A traffic accident report (including related photographs);

1. Statement of the circumstances of the driving of a motor vehicle;

1. Notification of the result of crackdown on drinking driving;

1. The actual survey report on traffic accidents;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is determined as ordered by considering all the following circumstances. favorable circumstances: (a) recognized a crime and reflects the fact that the Defendant’s driver’s vehicle has subscribed to an automobile comprehensive insurance policy; (b) the blood alcohol concentration at the time is very high to 0.17%; (c) three persons were injured by the instant accident; (d) November 2, 2004; and (e) May 2, 2014.

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