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(영문) 대전지방법원 논산지원 2013.04.02 2012고단578

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

1. Defendant shall be punished by a fine of KRW 10,000,000;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

The defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) is a person driving B Lat car.

On November 28, 2012, the Defendant was driving the said car on the left-hand side of the Defendant’s driving of the said car, and was driving the pipe kid by the C (Nam, 48 years old) driving on the part of the victim C (Seoul, 48 years old)’s driving on the part of the Defendant’s driving on the left-hand side of the said car, while driving the pipe kid by the government kidg in a narrow distance.

As a result, the Defendant suffered injury to the victim C, such as salt tensions and tensions for about three weeks of medical treatment, and the victim E (ma, 48 years of age), who was on board the same flexer, suffered injury, such as brain, which requires medical treatment for about three weeks.

On the same day as stated in the preceding paragraph, the Defendant was required to comply with the alcohol alcohol measurement by inserting approximately 30 minutes of the 30 minutes in the G District H belonging to the Seosan Police Station G District in an emergency room of the relevant F Hospital at the 22:31 on the same day as stated in the preceding paragraph due to an accident described in the preceding paragraph.

At the time, there was a reasonable reason to recognize that the Defendant was driving the said vehicle under the influence of alcohol, such as smelling in the entrance and photographing of the face with red.

Nevertheless, the Defendant, without any justifiable reason, failed to comply with the police officer’s request for sobage measurement.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, investigation reports (Attachment of medical certificates), reports on detection of exploitation drivers, and photographs on accident sites;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (1) 2 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning the crime.