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(영문) 의정부지방법원 2015.04.30 2015고정732
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. Around 23:00 on December 11, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) committed two-lane roads in front of D convenience points in Guri-si C by driving a B-lock under the influence of blood alcohol concentration of 0.105%. On the other hand, the Defendant, due to influence of drinking, neglected to perform the duty of e-mail in a state where normal driving is impossible and went to the left from the math of the victim E (52 years of age) driving, followed the car of the victim E (52 years of age), followed the victim by taking the part of the front driver's vehicle and taking about about one week medical treatment for the Defendant, and suffered injury to the victim G (52 years of age) who is the above e-lock passenger, by taking about about 1 week in the front part of the Defendant vehicle, and suffered injury to the victim, including the victim's e-lock in the 2nd of the vehicle.

2. Around 23:00 on December 11, 2014, the Defendant driving a B-low-scale car at approximately 100 meters under the influence of alcohol concentration of 0.105% on the two-lane road in front of the DNA convenience store located in Guri-si C, Guri-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E, G and H prepared;

1. A traffic accident report;

1. The circumstantial statement of the employee;

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

1. The provisions of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the selection of fines for each crime provided for in the corresponding Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes against Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the former part of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime against death or injury resulting from dangerous driving)]

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