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(영문) 수원지방법원 안양지원 2013.07.17 2013고정397
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person driving Cro-car.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was committed by the Defendant on November 16, 2012 by driving the said vehicle and driving it in the Gocheon-dong, Gocheon-si, Gocheon-do, at the time of Gocheon-do, in order for the company to drive directly from the direction of the event distance to the direction of the company.

A driver of any motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, but the defendant neglected to do so while driving the motor vehicle while under influence of alcohol and neglected to do so, and the defendant suffered injury, such as catitis, which requires approximately two weeks of medical treatment, by taking the back side of the motor vehicle for business use by the victim D (the age of 59) who is a traffic signaled in the front side of the motor vehicle.

2. On the date and time set forth in paragraph (1) of the Road Traffic Act, the Defendant driven 1.5 km from before the National Tax Service Training Institute for Public Officials of the Republic of Korea, which had been under the influence of alcohol with a blood alcohol content of 0.152%, to the front of the event distance.

Summary of Evidence

1. Legal statement of the witness D;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to a traffic accident report (1) (2), a circumstantial report, a diagnosis certificate, a request for appraisal, and a report on detection of a host driver (63 pages of investigation records);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving sound and the choice of fines);

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

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

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel;

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