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(영문) 청주지방법원 2013.05.23 2013고정380
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a B B Ba vehicle under his own possession.

At around 22:40 on August 18, 2013, the Defendant, in a state that it is difficult to normally drive due to the drinking of the lowest hospital death distance located in Heak-gu, Soak-gu, Chungcheongnam-gu due to blood alcohol concentration 0.135%, driven at a two-lane speed between the two-lane distance of the Corporation from the remote distance room to the remote distance of the Corporation, in a state that normal driving is difficult.

In such cases, there is a duty of care to prevent collision and drive safely with other vehicles by accurately operating the steering direction and brakes well, and accurately.

Nevertheless, due to negligence in driving at the point of accident as it is, 1) in which the damaged vehicle stops, 2) in front of the pushed-down of the damaged vehicle, 1) in front of the damaged vehicle, 2) in front of the pushed-down of the damaged vehicle, 1) in front of the damaged vehicle, 2) in front of the damaged vehicle E (19) in front of the damaged vehicle, 2) in the damaged vehicle E (1) in the light c (5) in the light f (51) in the light fluoral fluoral base, and 2) in the light f (51) in the light fluoral fluoral base of the damaged vehicle, 2) in the light fluorial fluor G (52) in the light fluoral fluoral base of the damaged vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. The actual condition survey report;

1. A report on detection of a host driver;

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, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime by applicable law;

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (see, e.g., the fact that there are no previous convictions for the same kind of insurance, covered by a comprehensive insurance, and is not good for health);

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

1. The Criminal Procedure Act;

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