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(영문) 대구지방법원 김천지원 2013.10.10 2013고단939
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 15, 2013, at around 00:35, the Defendant: (a) while driving a SS5 car as a business in the state of having difficulty in normal driving due to 0.219% alcohol concentration; (b) while driving the SS5 car along the distance from the place of tax office to the distance from the place of tax office on the yellow commercial distance along the two-lanes of the Gu-U.S. curriculum in the Gu-U.S. Around 00:35, the Defendant neglected to perform the duty of front-way and left-way driving in the state of drinking, and thereby changing the two-lane from the first lane to the two-lane due to the negligence of changing the two-lane from the first lane to the right-hand side of the SS5 car.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each statement of E and F;

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

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Punishment of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and the choice of fines (the occupation of a person who drives a motor vehicle), the choice of fines (the occupation of a person who commits an illegal act, the absence of any history of criminal punishment, the injury suffered by the victim is minor, the victim does not want criminal punishment

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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