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(영문) 춘천지방법원 원주지원 2013.05.15 2013고정160
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

1. On December 27, 2012, the Defendant violated the Road Traffic Act (driving a sound driving): around 15: Around 15, the Defendant driven the B-learning passenger car with a blood alcohol concentration of 0.156% (equipment measurement) and driven a approximately two kilometers prior to a bus terminal located in the city bus terminal located in the original city level at the original city level to the front of the new bank operating a short-term driving.

2. The defendant is engaged in driving of vehicles under the above paragraph (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes;

The Defendant, at the same time and place as the above Paragraph (1) above, driven the vehicles under the above Paragraph (1) at a speed of about 40 kilometers per hour while it is difficult to drive normally due to influence of drinking, as in the above Paragraph (1).

At the time of the intersection of a shooting range, the two-lanes are three-lanes, and the victim C (Nam, 36 years of age) carried passengers E (Nam, 35 years of age) on the Dostststa taxi vehicle at the time of the intersection of a shooting range, and proceed to the left-hand turn-hand turn-hand turn-hand turn-off from the spon fire station at the dstaebbb in the Han-si-dong-si, Hanju

The Defendant was sleeped in front of the victim's driver's seat in front of the above vehicle due to the influence of alcohol because it is difficult for the Defendant to drive normally.

In the end, the Defendant suffered injuries, such as salt, tension, etc., in need of approximately two weeks of treatment to the driver C of the damaged vehicle and the passenger E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement on the occurrence of each traffic accident;

1. A report on detection of a driver and a report on whether he/she is to drive any danger;

1. A traffic accident occurrence report (1) (2);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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