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(영문) 의정부지방법원 고양지원 2014.04.09 2014고정268
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around 01:30 on October 16, 2013, the Defendant was driving a spoke-type car under the influence of alcohol concentration of 0.263% in the blood alcohol concentration from the live-type Do in front of a live-type spoke-type spoke-type spoke-type spoke-type spoke-type spoke-type spoke-type spoke-type spoke-type spoke-type spoke-type spoke-type,

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

The defendant driving a car at the time specified in paragraph (1) with the driving of the above car at the time specified in paragraph (1) and led to the driving distance on the side of the Agricultural and Fishery Products Center.

The Defendant was negligent in neglecting the duty of an all-time care by driving a motor vehicle while under influence of alcohol and neglecting the duty of an all-time care. The Defendant took part of the back part of the victim C(the age of 56) Doba-si in the front direction of the said motor vehicle as the front part of the said motor vehicle, and caused the victim C to the shock of the face, bones, etc. requiring approximately four weeks medical treatment, and suffered from the victim E (the age of 25) who was accompanied by the said taxi for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report and an accident site photograph;

1. A report on detection of a de facto driver (blood collection result), a circumstantial report on a de facto driver, and an appraisal report on blood alcohol;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime (the point of driving under the influence of sound), and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of driving under the influence of danger)

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes) for victims C with heavy criminal penalty;

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