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(영문) 춘천지방법원 강릉지원 2014.03.25 2014고정63
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is in duty and is engaged in driving vehicles B. A. A.

On November 19, 2013, the defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) was driving the above vehicle while being unable to drive normally due to alcohol around 22:45, and the defendant proceeded with two-lane roads of the sports complex on the side of the intersection of the Dongdoin Hospital in front of the happiness hall in the Gangnam-si of Gangseo-si.

At the same time, the driver had a duty of care to safely operate by accurately operating the steering direction and operation of the steering room and the steering system.

Nevertheless, under the influence of alcohol, a person is in progress prior to the occurrence of a negligence, which has not been able to do so and has not been able to do so in a proper manner.

The part concerning the rear panion of the victim C(57 years of age, South) driving of the victim C(57 years of age, and the part concerning the rear panion of the cab was inferred into the front panion of the defendant vehicle.

Ultimately, the Defendant suffered injury, such as salt, tension, etc., in need of approximately two weeks of treatment to the victim and his/her son E (the 30-year-old, south) due to such occupational negligence.

B. Violation of the Road Traffic Act (A) driving the said vehicle while under the influence of alcohol 0.180% (as a result of appraisal) at the temporary border such as “A”, the Defendant driven approximately one kilometer from the restaurant of the Sogdong-gu in Gangseo-si to the point of accident located in the same city in the same city-nam-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A medical certificate (C, E);

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) 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 concerning the crime by applicable law;

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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