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(영문) 전주지방법원 군산지원 2014.07.14 2014고정275

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On March 20, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a e-business taxi in the direction of drinking on March 20, 2014, while driving a B e-mail in the direction of normal driving due to the influence of drinking, and driving a e-business taxi in front of D regularly located in C in Isan City, following the e-mail in front of D regularly located in C in the direction of the e-mail in the e-mail of the e-mail of the e-mail of the e-mail and neglecting the e-mail of the e-mail of the e-mail and failing to properly operate the steering gear.

As a result, the driver E suffered from the driver of the damaged vehicle for about two weeks of care, and the victim G (the 47 years of age) of the injured vehicle for the same passenger, for about two weeks of medical treatment.

2. On March 20, 2014, at around 07:15, the Defendant driven a h h typology car with a volume of about 2 km from the uppermost to the D typology C located in Yasan-dong, Yasan-si, Yasan-si while under the influence of alcohol by 0.133% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. A report on whether to drive any dangerous motor vehicle;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of two crimes is aggregated);

1. The primary crime under Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation, the volume of blood alcohol concentration, and the agreement with victims, etc.