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(영문) 광주지방법원 목포지원 2013.11.18 2013고단1475

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The sentence against the accused shall be 8,000,000 won.

If the defendant does not pay the above fine, 50.

Reasons

Punishment of the crime

On May 15, 2013, the Defendant: (a) driven the said vehicle under the influence of alcohol by 0.197% on May 15, 2013; (b) driven the said vehicle while under the influence of alcohol by 0.197%; and (c) led the Plaintiff to drive the said vehicle under the influence of alcohol at a long distance from the lux apartment room in front of the vehicle agency located in the luxan Eupn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-gunn-do to a long distance off; and (d) in this case, the Defendant is proceeding with another vehicle near the intersection without signal lights in front of the luxe-do and the opposite vehicle. In such a case, (c) despite the duty of care to prevent the accident by safely examining the front left, the person engaged in driving is obliged to take care of the said vehicle under the influence of alcohol, and (d) the said k) the victim’s kne in front and the left part of the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police officer's protocol against C and G;

1. Descriptions of a report on detection of a host driver;

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

1. Article applicable to criminal facts;

(a) The fact that each judgment causes injury to a dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) point of a drunk driving: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the most among the crimes against death and injury resulting from dangerous driving and the most among the crimes) of the same Act.