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(영문) 전주지방법원 2014.12.05 2014고단1668
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 6, 2014, at around 06:20 on July 6, 2014, the Defendant driven C-crin vehicle while under the influence of alcohol content 0.169%.

The Defendant was in the state of drinking, such as smelling and smelling in the mouth, with a perfect red view, and the snow is shocked, and the horse was prone at the left and right, but driving the said vehicle, and driving the said vehicle was in a three-lane way from the alcohol house in which it is impossible to identify the front name in front of the Gu affairs of the Seongdong-gu Seojin-gu Seoul Metropolitan Government Seojin-gu Seoul Metropolitan Government, and driving the said vehicle at the same time.

The Defendant confirmed the safety of the course by checking well before the U.S., and due to the negligence of changing the course to a sudden step in order to make a U.S. while neglecting the duty of care for an internship, and caused the collision with the part on the top right side of the Erati vehicle driving by the victim D (I. 62 years old) who turn to the left at the court from the Jinjin Stin Stin Stin Stin Stin Stin Stin Stin St.

Ultimately, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to the influence of alcohol, was negligent in neglecting the duty of care as a driver of the motor vehicle, and caused the victim D to inflict an injury, such as the crossing of the runway No. 5, which requires six weeks of treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D;

1. A traffic accident report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. A report on whether to drive any dangerous motor vehicle;

1. Application of Acts and subordinate statutes of a medical certificate;

1. 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 choice of fines for the crime;

1. Of concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes resulting from the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment, shall be imposed);

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