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(영문) 창원지방법원 진주지원 2013.09.12 2013고정348
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, 60,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a vehicle B with low-speed.

On December 4, 2012, the Defendant, at around 21:10 on December 4, 2012, at around 21:10, around 6 km in front of the “Grash Grash Grash Grash,” located in the South-west Sea Eup located in the same area of movement of the same Gun, driving his own vehicle under the influence of alcohol content of 0.146%, and proceeding at a speed above one-way along the direction of the right road located in the area where the movement of the South-west Sea is located in the west of the westdo, along two-lanes, in order to proceed as the ebbbbbs of the ebsp grash, along one-way passage.

The driver of any motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by properly manipulating the operation system, etc. with a thorough report on the traffic situation.

Nevertheless, the Defendant discovered a D vehicle driven by the victim C (V) who was under a stop in order to turn to the left at the right side of the tri-dong on the front side of the "Grash Bam B", but was unable to avoid it under the influence of alcohol, and left the left side of the damaged vehicle to the left side of the Defendant’s driving vehicle, and suffered injury to the victim C and E, who was on board the damaged vehicle, for three weeks of medical treatment, such as the catum salt, tension, salt fat, and tension of the shoulder.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Each written diagnosis;

1. Application of statutes on field photographs;

1. Article 5-11 of the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of each alternative fine for punishment;

1. The Criminal Act among concurrent crimes.

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