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(영문) 대구지방법원 영덕지원 2014.01.24 2014고정8

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Violation of the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) is a person engaging in driving a car of B Cost Star Cargo;

On August 24, 2013, the Defendant, while driving the said cargo under the influence of alcohol 0.153% of alcohol level 0.19:20% of the blood alcohol level on August 24, 2013, and driving the said cargo vehicle in front of the monthly oil station located in the Donandodon in the Donndon-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

After all, the Defendant driven under the influence of alcohol that it is difficult for the Defendant to drive normally due to the influence of alcohol, resulting in the Defendant’s injury to the Defendant, for about two weeks of medical treatment.

2. On August 24, 2013, at around 19:15, the Defendant driven the said Lone Star Cargo under the influence of alcohol content of about 0.153% from the section of about 3km up to the roads front of the said day oil station, around August 24, 2013, at around 19:20, the Defendant driven the said Lone Star Cargo under the influence of alcohol content of about 0.153%.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to C by the police statement;

1. Application of each Act and subordinate statute of the written request for appraisal, reply, and diagnosis;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of 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;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;