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(영문) 인천지방법원 2012.07.03 2012고정763
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

A. At around 17:30 on February 12, 2010, the Defendant driven B Poter Cargo Vehicles without a driver’s license, under the influence of alcohol concentration of 0.237%, even before the training hospital located in the Yeonsu-gu Incheon Metropolitan City Line 411-1, a section of about 30 meters up to the front way of the parking lot for the 412-8 parking lot in front of the training hospital located in the Yeonsu-gu Incheon.

B. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving)

The above part of the back door of the victim C driver's DNA-learning car which was stopped at a later place due to his occupational negligence without looking at the right and the right of the rear side of the vehicle in a state where it is difficult to drive normally due to the influence of alcohol due to the influence of alcohol at the above parking lot at the same time and at the above time, the above C suffered from the injury such as salt, tension, etc. of the Helle bones, which requires treatment for about 3 weeks, and the victim E, who took advantage of the damaged vehicle, suffered from the injury such as the fluor's fluoral and tension in need of treatment for about 1 week, and the victim F, who took advantage of the damaged vehicle, was the left-hand shoulder in need of treatment for about 1 week.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C's statement on the occurrence of traffic accidents;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of the relevant Acts and subordinate statutes to each medical certificate and next appropriate inquiry;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 subparagraph 1, Article 44(1), and Article 152 subparagraph 1, and Article 43 of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201) concerning the crime

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Detention at a workhouse;

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