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(영문) 대구지방법원 김천지원 2013.11.28 2013고단1206
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On August 29, 2013, at around 03:25, the Defendant: (a) driven a motor vehicle in the column B in the state of alcohol of 0.169% with a blood alcohol concentration of 0.169%; and (b) driven the three-lanes from the roads of the Gu, Sinsi-si, Sinsi-si; (c) while driving the three-lanes of the three-lanes from the roads of the Gu, Sinsi-si, Sinsi-si; (d) due to the occupational negligence of the victim C (39 years old) who was in the atmosphere of traffic at the two-lane, was in the front part of the left part of the vehicle in the above order of C (39 years old).

Ultimately, the Defendant, as seen above, driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim E (hereinafter, 42 years of age) who was on board the top of the operation of the said car, for about three weeks, such as brain-dead in which there is no open room for treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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 report on detection of a drinking driver;

1. Application of Acts and subordinate statutes of C and E;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime as provided in the corresponding Act; and

1. Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes (mutual crimes against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Selection of each alternative fine for punishment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the defendant, the victim's agreement is reached, and criminal punishment is imposed in addition to the punishment of a fine of 50,000 won due to assault.

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