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(영문) 전주지방법원 2013.05.15 2013고정48
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

A. The Defendant violated the Act on the Punishment, etc. of Specific Points Crimes (Death or Injury caused by Dangerous Driving) is a person who drives a car in B SPP area owned by the Defendant. On September 15, 2012, the Defendant is driving a car in B SP area with a blood alcohol concentration of 0.168% at around 22:00 on September 15, 2012, in a state where normal driving of the blood alcohol concentration of 0.168% is impossible, the Defendant is driving a travel distance in front of the tourism in the front city in the front city of the front city at the front city, and driving

The direction was changed for the right-way.

Since there are lots of traffic across the intersection of the main road, the driver has a duty of care to safely proceed after checking the safety of the course by checking well the right and the right of the road.

Nevertheless, the Defendant neglected to neglect the front-time of the front-round and led to the fault of bypassing the right-hand side of the driving car of C(50 years old) that is driven around the right-hand side of the front-hand side of the driving car of C(50 years old).

The Defendant suffered injury, such as salt, tensions, etc., in need of treatment for two weeks prior to the foregoing occupational negligence, on the part of the above victim.

B. The defendant in violation of the Road Traffic Act

A. A. From the Jeonju-si, Jeonju-si, Jeonju-dong, a vehicle driving B Spati-dong in the state of alcohol alcohol concentration of about 0.168% at the section of about 1k for the same Dong-dong from the day before the Jeonju-dong to the street for tourism in the same Dong-dong-dong.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. The actual condition survey report;

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

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, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of fines for the crime;

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

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