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(영문) 광주지방법원 2015.11.05 2015고단3591
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

1. Around 23:40 on August 20, 2015, the Defendant driven a B-ppon vehicle under the influence of alcohol leveling 0.206% of alcohol level in the section of about 1km from the front day of a mutually influent restaurant in the U-dong of Gwangju Mine-gu to the front day of the death distance in the same Gu, a car under the influence of alcohol leveling from around 1km to 0.206%.

2. The defendant is a person engaged in driving a car B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

On August 20, 2015, the Defendant driven the said vehicle while under the influence of 0.206% of blood alcohol level on August 20, 2015, and sustained injury, such as salt, tension, tension, etc., for about two weeks in need of medical treatment, from the direction of alcohol level to the Gwangju Airport while driving the two-lane road in front of the gambambamb in the Gwangju Mine-gu, along the one-lane. The Defendant did not properly look at the front side in the situation where normal driving is difficult due to influence of alcohol, and did not accurately operate the brake system in the same lane, and caused injury to the victim C (55 years old) who was driven by the victim C (5 years old) who was under the influence of traffic at the same lane as the front part of the Defendant’s vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident report;

1. Two copies of a medical certificate;

1. Application of Acts and subordinate statutes to notification of reports on the state of state of drinking drivers, and regulations on drinking driving;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes applicable to the facts constituting the crime, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of a sound driving); and

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

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