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(영문) 부산지방법원 2016.04.20 2015고단8583
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 October 14, 2015, the Defendant driven Eworka car with alcohol content of 0.128% in the blood around 00:25 on October 14, 2015, starting from the roads near the hot spring road in Busan East-gu, Busan, and proceeded with the intersection of 227-13-distance cross-section from the ebbbbbbbbs in the ebs of Seocho-gu, Busan.

Since the location was an intersection with signal apparatus at the front, the driver of the vehicle has a duty of care to observe the signal and safely operate the vehicle. However, the defendant franchise's driver suffered injury, such as the victim F (V, 59 years old), who was under the influence of alcohol and went through the intersection by disregarding the stop signal at a difficult condition of normal operation, and went through the intersection, while driving the said intersection at the Busan District Court at the end of Busan District Court to turn back to the left in accordance with the normal signals. The part of the back door of the driver's seat of the Glar frane's driver's vehicle that was driven by the defendant f ( South, 60 years old) with the front part of the driver's vehicle that was driven by the victim F, who was the victim of the damaged vehicle, for about three weeks of medical treatment, such injury as brain dust, e.g., the victim of the vehicle, as the victim H (n, e., the victim of the damaged vehicle, for about three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (the condition of the suspect at the time of accident);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each selective fine for punishment (the relationship of criminal records and comprehensive insurance coverage, and the parties have agreed to both of them);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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