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(영문) 광주지방법원 목포지원 2014.06.02 2014고정213
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B rocketing car;

At around 21:40 on December 12, 2013, the Defendant driven the said rocketing car with the blood alcohol concentration of 0.184% and moved to the same elementary school on the side of the Yellow Sea, which was calculated at the block time, by driving the said rocketing car at the same time.

Since there is a three-distance intersection, a person engaged in driving service has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant neglected this and neglected to drive normally due to the mistake that led the victim C(32 years of age) driving to the same elementary school from the edge of the shooting distance of the Madan Hospital, which was driven at the same elementary school due to the fact that it was difficult for the Defendant to drive normally, and caused approximately two weeks of treatment to the victim due to the shock of the victim C(32 years of age) driving.

2. The Defendant was driving a B-car under the influence of alcohol with a blood alcohol concentration of 0.184% at the time and place specified in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports and circumstantial reports on the detection of drivers (whether to drive any motor vehicle under hazard);

1. The actual condition survey report;

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, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of two crimes is aggregated);

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

1. The order of provisional payment;

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