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(영문) 창원지방법원 2013.12.13 2013고단2046
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.

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 cars BM3;

At around 23:40 on July 2, 2013, the Defendant, while under the influence of alcohol, was forced to turn to the left the right at the direction of ice-streak distance from the front of the ice-streak Streak-dong path in the ice-si Streak-si, Kimhae-si.

Since there is a yellow solid line, there is a duty to proceed to the right-hand side of the center line, the defendant is proceeding to the left-hand side of the center line in a situation where normal operation is difficult due to the influence of drinking.

In this part, the front part of the victim C (ma, 63 years old) driving of the victim C(ma, 63 years old) driving was the front part of the defendant's vehicle, and the victim suffered injury such as salt, tension, etc. of the trend that requires approximately two weeks of treatment.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant at a section of about 200 meters from the front day of the Nice Korea Typt and the front day of the ice ice ice Tracep, which is located in the Hanhae-si, Kim Jong-si while under the influence of alcohol by 0.125% of the blood alcohol concentration at the time and time specified in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in C (Simplified traffic);

1. A traffic accident occurrence report and a traffic accident actual condition investigation report;

1. A written report from an employee of an employer;

1. Photographs related to traffic accidents;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

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 among concurrent crimes (within the scope of adding up the maximum amount of two principal crimes stipulated in the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than punishment, to concurrent crimes);

1. The Criminal Act for the detention of a workhouse;

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