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(영문) 전주지방법원 정읍지원 2013.04.11 2013고정49
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of the Micker B at 110 cc.

Around 20:10 on October 17, 2012, the Defendant driven the above Oba, and had the front of the valley village located in the valley in the valley of the city of Jung-gu, Jung-gu, the Defendant proceeded into the erogate of the erode.g., the e., the e., the e., the e.

At the time, the Defendant was under the influence of alcohol concentration of 0.114% and it was difficult for him to see the Jeonju, and the time of operation of steering and brakes or the adjustment of force was difficult as the Defendant intended.

In addition, since the center of the above road has a center line installed, the defendant engaged in driving of the motor vehicle had a duty of care to prevent traffic accidents by driving the motor vehicle without exceeding the center line.

Nevertheless, as seen above, the Defendant neglected to perform the above duty of care in a situation where normal driving is difficult due to drinking, and was driven by the victim C(34 years old) who was driving in the opposite lane due to negligence beyond the central line, and was driven by the victim C, who was driving in the opposite lane, the front part of the D non-MW vehicle (BMW) was driven by the front wheel part of the above Oral Sea.

As a result, the Defendant suffered bodily injury, such as fluoral salt, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. (1) The application of Acts and subordinate statutes to the report on traffic accident (1) the actual survey report and the report on detection of a host driver;

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 selection of fines for each crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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