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(영문) 서울서부지방법원 2016.02.04 2015고정1837
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On September 22, 2015, when the Defendant is unable to drive normally while under the influence of alcohol 0.139% during blood transfusion at around 21:10, the Defendant driving a Dopoon car at around 0.139%, and proceeding in the direction of Fuon Park in the direction of public morals, while driving in the direction of Fuon Park in the direction of Fuon Park at the direction of Yongsan-gu Seoul Yongsan-gu, Yongsan-gu, Seoul, the Defendant left the Defendant vehicle in the front of the balc pedal while stopping for traffic at the three-lane road located in Yongsan-gu, Yongsan-gu, Seoul, and caused the Defendant to drive the Defendant vehicle in the front of the balc pedal in the direction of the Defendant’s vehicle.

As a result, the defendant suffered from the injury of the victim E (at 27 years old) who was on a passenger car with the victim C, for about two weeks in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in C and E;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

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

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. 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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