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(영문) 청주지방법원 2013.07.25 2013고정545
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

At around 22:30 on May 13, 2013, the Defendant: (a) driven the said vehicle while normal driving is difficult due to the influence of alcohol that reaches 0.131% of blood alcohol level; (b) driven the said vehicle at a speed not to be known one lane from the right edge to the right edge of the Western-gu, Chungcheongnam-gu; and (c) driven the said vehicle at a speed not to know one lane from the right edge to the right edge of the Western-gu.

Since the Defendant changed the vehicle line, the person engaged in driving service had a duty of care to operate the direction direction, give notice of the change of course, and change the vehicle line in the future and the future.

Nevertheless, under the influence of alcohol, the Defendant neglected to change the vehicle line to the right side as it is, and caused the victim C (hereinafter referred to as 30 years of age) who was driving in front of the Defendant’s car, to shock the right side part of the Ddol-Wl-Wl-Wl-Wl-Wl-Wl-Wl-Wl-Wl-Wl-W

Ultimately, the Defendant suffered from the injury to the victim C, such as light fat and fat, which requires approximately two weeks of medical treatment, due to the foregoing occupational negligence, and the injury to light fat, which requires approximately two weeks of medical treatment to E (the age of 27) who was aboard the damaged vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, actual condition survey reports, reports on the detection of primary drivers, statements on the state of primary employment, medical certificates, and photographs;

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

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. Article 70 of the Criminal Act for the Detention of Labor House Head.

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