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(영문) 의정부지방법원 고양지원 2013.09.26 2013고정1215
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

At around 21:50 on October 25, 2012, the Defendant was under the influence of alcohol of 0.134% of blood alcohol concentration, and the Defendant was driving the B Poter spacker spambbbing truck, which is located in the Sungyang-gu, Seoyang-gu, Yangyang-gu, Yangyang-si, with four-lane roads in front of the Gulululon, which are located in the Sungyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, the Defendant stopped the signal at the intersection and stopped the signal at the speed of about 20km.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by driving safely in the future.

Nevertheless, the Defendant neglected this, while under the influence of alcohol and did not thoroughly breath the rear, and was in the front part of the victim C (the 55-year-old cab) who was under the influence of the said cargo due to the subsequent negligence and was driven by the victim C(the 55-year-old cab.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, resulting in the injury of the victim, such as salt pans, tensions, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on detection of a host driver;

1. The circumstantial report of an employee;

1. Photographss of the damaged vehicle by cutting a black box;

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

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