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(영문) 부산지방법원 동부지원 2012.10.11 2012고정286
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, 60,000 won.

Reasons

Punishment of the crime

The Defendant as a driver of BKaman car,

1. At around 01:30 on November 18, 201, when a normal driving is difficult under the influence of alcohol, the driver was to turn to the left from the direction of the Busan Foreign Language Station on the side of the TenN Broadcasting Station. There was an intersection where a signal apparatus was installed, and at that time, there was a red stop signal at that time. As such, the defendant was negligent in neglecting his duty of care to immediately stop pursuant to the above suspension subparagraph, and by failing to follow the signal while he was negligent in driving in violation of the signal. At all times, the part of the victim C driver’s D driver’s front part of the victim C driver’s D driver’s moving to the right side of the vehicle of the defendant, who was bypassing from the Busan public notice on the side of the city of Busan public notice to the end of the vehicle of the defendant, resulting in an injury to the victim C, such as a light-line for about two weeks treatment, and an injury to the victim, who is the passenger of the above vehicle, for about two weeks treatment.

2. While under the influence of alcohol with 0.142% of the time and time stated in the preceding paragraph, approximately one kilometer has been driven from the model restaurant located in the Southern-gu Busan-dong to the United Nations intersection located in the same Gu-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a written statement on the occurrence of each traffic accident;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

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 as to the crime, Article 148-2 subparagraph 1 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201) and Article 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, etc., and the Selection of Fines;

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

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;

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