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(영문) 청주지방법원 2013.06.27 2012고정1161
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

The Defendant is a person engaged in driving a salary class B.

1. On March 27, 201, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death, etc. caused by Risk Driving) was driving the above string vehicle in a state that it is difficult to drive the said string vehicle due to drinking on the road in front of the beautiful-gu Pungdong, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, because of drinking on the road in front of the beautiful Kungdong, and the face is red, while driving the above string vehicle toward the string from the string side of the string bridge. However, due to the state of drinking as above, the Defendant was able to drive the said string in the front part of the said string vehicle by negligence without discovering the victim C(43 years old), who is a signal atmosphere due to the said state of drinking.

As a result, the Defendant suffered from the injury of light salt in need of approximately two weeks of medical treatment to the victim C, and the victim E (16 years of age) who was on the car of the franchise to the victim E (16 years of age) who was in need of medical treatment for about two weeks, respectively.

2. Around March 27, 2011, the Defendant was driving the said vehicle under the influence of alcohol content of about 0.165% in a section of about 1km from the road in front of the KGB's office located in Chungcheongnam-dong, Chungcheongnam-gu, Chungcheongnam-gu to the roads located in the same Gu such as scenicwadong from March 27, 201.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to each of the reports on the occurrence of traffic accidents, actual condition investigation, report on the detection of a primary driver, report on the circumstantial statement of a primary driver, and medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 subparagraph 1 and 44 of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201)

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, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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