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(영문) 청주지방법원 2014.02.13 2013고정1197
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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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

At around 01:10 on November 28, 2013, the Defendant driven a knife vehicle for the knife of B, a person driving a vehicle for the knife of B, and driven a right-hand knife in front of the knife of the knife-dong located in the Henju-gu Soak-gu, Hoju-si with a blood alcohol concentration of 0.15% in a normal state where normal driving is difficult due to the influence of alcohol concentration.

In such cases, the center line is installed at the point of accident, so there is a duty of care to safely drive the vehicle by preventing collision with other vehicles without exceeding the center line.

Nevertheless, the defendant neglected to do so and brought the front portion of the DSP vehicle driven by the victim C who stops at the right-hand side of the vehicle driving at the right-hand side of the vehicle, from the right-hand side of the vehicle where the victim C drives in the signal atmosphere to the right-hand side of the vehicle.

As a result, the victim suffered injury requiring approximately two weeks of medical treatment due to salted pans, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes, such as a traffic accident occurrence report, a practical survey report, an accident site photograph, a report on detection of a host driver, a circumstantial statement of a host driver, and a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and selection of fines for the crime;

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

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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