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(영문) 대구지방법원 2013.05.24 2012고합608
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 May 7, 2012, the Defendant: (a) driven a vehicle from the front of a restaurant in which it is impossible to identify the trade name located in the Gyeyang-dong in the Gyeongsan City while under the influence of alcohol at a level of 0.202% with a blood alcohol concentration of 0.20% on May 7, 2012 to the Gyeyang-gu distance in the same Dong.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a car CA.

On May 7, 2012, the Defendant, at around 21:15, while under the influence of alcohol as stated in Paragraph 1, was unable to drive normally, was negligent in the course of business, due to the negligence of the Defendant’s failure in the front-time city while driving the wale distance in the Gyeyang-dong in the mountain-si in the mountain-si. On the back of the Defendant’s moving direction, the Defendant suffered injury, such as brain dust, etc. requiring a medical treatment for about three weeks, by collisioning the back portion of the Defendant’s driving D(W, 38 years old), which was the victim D(W) who was in the front direction of the vehicle at the time, while driving the wale distance in the mountain-si.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statements on DNA preparation;

1. A traffic accident occurrence report, a actual condition investigation report, a circumstantial statement report, and a report on detection of a host driver;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. From among concurrent crimes, Article 37 (former part), Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the maximum amount of two crimes above the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment, to the concurrent crimes);

1. Articles 53 and 55 (1) 6 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 of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.

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