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(영문) 인천지방법원 2015.07.08 2015고단1945
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 19:00 on March 21, 2015, the Defendant driven a F Kaman car under the influence of alcohol with approximately 15 meters alcohol concentration of 0.144% from the 15km section to the front road of the 19:40km of the same day, following the road in front of the Cheongjin-gun-gun, Incheon Metropolitan City, in front of the “Manin restaurant” located in the 32-ro of the said Myeonnbuk-do.

2. On March 21, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driving of the said car at around 19:40, while driving the said car on the front road of the relevant Incheon Metropolitan City, and driving on the road of the said Incheon Metropolitan City, the office of the Duc-Myeon Office (hereinafter “Dic-Myeon Office”), as seen above, the Defendant suffered injury, such as the real name and the bones of the bones, etc. due to the inside line of the said car from the victim G (the 49-year-old), who was the Defendant’s wife, while driving the said car on the opposite road beyond the central line, due to the occupational negligence in which he was unable to drive the car normally while driving the car normally.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver and report on the control of drinking driving;

1. An accident site photograph;

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

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

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant has a criminal record of driving under influence of alcohol only once, the victim has suffered damage, but the defendant is in depth against the defendant, the victim is denied, and the victim has not been punished against the defendant.

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