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(영문) 전주지방법원 군산지원 2013.06.26 2013고정215
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

1. The Defendant is a driver of Chived vehicle, who is a driver of Chived vehicle, and was not driving under the influence of alcohol while making it difficult for the Defendant to drive the vehicle. On November 30, 2012, the Defendant: (a) around 00:20, 124, while driving the vehicle under the influence of 0.172% of the blood alcohol level without a driver’s license, i24 convenience doors; and (b) entered the convenience store inside the convenience store, and (c) caused the victim D (ma, 39 years of age) to suffer from a bruption of the part of the bridge under the influence of Chived vehicle; (d) around 24, 124, approximately 3,67,412 won, repair costs were damaged by the victim E at convenience point.

2. The Defendant, at the time and place under the foregoing Paragraph 1, driven approximately 10 meters from the 124 convenience store to the inside of the i24 convenience store under the influence of alcohol by 0.172% of blood alcohol without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to survey reports on actual condition, reports on detection of drivers, circumstantial reports on exploitation drivers, reports on whether to drive any danger, photographs, vehicle license register, vehicle register, diagnosis reports, and written estimates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 151 of the Road Traffic Act concerning the crime;

1. The crimes under Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crimes under Articles 40 and 50 of the Road Traffic Act) and those under the Road Traffic Act, each of which is heavier between the crimes under the Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes under the Road Traffic Act, and the crimes under the Road Traffic Act.

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