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(영문) 전주지방법원 2014.06.27 2014고단678
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. Around 02:30 on March 1, 2014, the Defendant driven a vehicle at Cirsatom with a alcohol level of 0.133% from the front of the Inwing School located in the Jinjin-gu Seoul Metropolitan Autonomous City to the front road located in the same Gu and the front road in the same Gu.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) led the Defendant to proceed three-lanes in front of the above and the preceding one according to one-lane from the Maligin distance flood protection area.

Since there is a two-way center line, in such a case, a person engaged in driving of a motor vehicle has a duty of care not to drive the motor vehicle, but he/she was under the influence of alcohol to drive the victim D(38 years old) in front of the motor vehicle in front of the motor vehicle in front of the motor vehicle.

As a result, the Defendant driving the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered from the injury, such as approximately 5 weeks of treatment to the victim FF (38 years of age), such as the left-hand ske, which requires approximately 7 weeks of treatment to the said victim D, and the victim FF (38 years of age) who is the passenger of the damaged car, such as a cage cage cage cage cage dage 4.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. G statements;

1. Each written diagnosis;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Application of traffic accident reports, accident site photographs, and Acts and subordinate statutes;

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. The former part of Article 37 of the Criminal Code among concurrent crimes.

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