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(영문) 서울북부지방법원 2018.05.10 2017고단2320
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

1. Around 01:50 on May 15, 2017, the Defendant driven a motor vehicle B, while under the influence of alcohol concentration of 0.194% at the section of approximately 500 meters around the roads near the Jung-gu Seoul Metropolitan Government, Jung-gu.

2. On May 15, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driving of the vehicle B at around 01:50, the Defendant, while driving the vehicle B, driving the vehicle along the two-lane road front C in front of the Seoul mid-gu Seoul Metropolitan Government, along the one-lane road at the implied seat in the front hill market where he was unable to drive normally, due to the negligence of failing to perform his duty of her own in the front direction while he was under the influence of alcohol, and due to the negligence of failing to perform his duty of her own in the front direction of the traffic, the lower part of the EKan-F car driven in front of the traffic signal (47 ) was driven by the victim D (the 67 years old) who was under the influence of the traffic signal, and caused the said Kan-F car to get the victim F (the 67 years old) in order of GM5 car operated by the victim.

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, sustained the injury of the victim D, such as dump, tensions, etc., the victim H (53 years old), the victim I (50 years old), and the victim I (50 years old) who was on board the knife in the knife vehicle, suffered the injury, such as cump dump and tensions, which require approximately one-day medical treatment, and the victim F, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. An accident report of the F;

1. A traffic accident report (1) a actual survey report;

1. A report on the record of drinking alcohol measurement, a report on the situation of the driver involved in driving, and an investigation report (a report on the situation of the driver involved in driving);

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 and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Article 40 and Article 50 of the Criminal Act, the selection of fines, and the selection of fines, respectively;

1. Aggravation concurrent crimes;

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