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(영문) 대전지방법원 천안지원 2013.12.05 2013고정1024
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 30, 2013, while under the influence of 02:00% of alcohol alcohol level, the Defendant driven a B-R truck with two-lane 0.128% of alcohol level and proceeded along three-lanes in the Yananannam-gu, Yanananananan-dong along three-lanes from the IC room in the Yananananananananan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si was under the duty of care to confirm the career safety of the vehicle and prevent the accident in advance by driving the vehicle with the duty of care to ensure the safety of the vehicle. However, even though the vehicle was under the influence of alcohol, the Defendant suffered from the injury of the victim C (VV) who was parked in the front part of the said cargo vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement of the occurrence of a traffic accident C;

1. Application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, on-site photographs, report on detection of a primary driver, on-site investigation report on death or injury caused by dangerous driving,

1. A fine provided for in Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and each choice of a fine for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the maximum amount of the crimes above two crimes stipulated in the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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