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(영문) 광주지방법원 목포지원 2014.04.24 2014고단178

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 17:30 on September 19, 2013, the Defendant driven B cargo under the influence of alcohol with a blood alcohol concentration of 0.158% from the front of the Sognan apartment apartment road located in Sinpo-si, Supo-si, Seopo-si, Seopo-si, Seopo-si, Sinpo-si, to the front road of the Seognpo-si, Seopo-si, Seopo-si.

2. The defendant is a person who is engaged in driving freight B while driving cars.

At around 17:30 on September 19, 2013, the Defendant driven the cargo vehicle while under the influence of alcohol, and driven the road ahead of the Seodaemun Sea Elementary School, which was in the middle of Sinpo City, in the middle of Sinpo City in the middle of Sinpo City, along one-lane between the west Sea Elementary School and the west Sea Elementary School and the west Sea Elementary School.

At the time, the victim C(the 40-year-old driver)'s D Launa car was in the atmosphere of the opposite vehicle, and thus, the driver of the vehicle has a duty of care to thoroughly drive the vehicle with the front-time driver and safely drive the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the Defendant’s cargo vehicle in front of the driver’s vehicle of the victim’s rocketing car driving by the negligence of driving the central line.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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