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(영문) 부산지방법원 2012.09.18 2012고단6457
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

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

Reasons

Punishment of the crime

On July 6, 2012, the Defendant, as a driver of the BLI car, driven the said car under the influence of alcohol concentration of 0.171% on July 6, 2012, while driving the said car at a speed of 0.171%, and driven the intersection in front of the Han-gu, Busan, Busan, through the intersection in front of the Han-gu, Busan, at a speed of about 30km along the two-lanes of the three-lane road.

At the time, night-time is getting off and off, and there was an intersection where signal lights are installed, so the driver of the motor vehicle has a duty of care to look at the front line and prevent the accident in advance by driving the motor vehicle safely according to the new code.

Nevertheless, the Defendant was a stop signal while driving a vehicle at a difficult level due to the influence of alcohol as above, and the above intersection was driven by the Defendant, and the rear wheels part of the DSS5 car driven by C, which was driven by the vehicle driving signal from the slock apartment to the slock elementary school from the slock apartment, was driven by the front wheel part of the Defendant’s motor vehicle driving.

Ultimately, the Defendant suffered injury to the victim E, who was aboard the vehicle driven by C due to the above occupational negligence, such as light dump, etc. in need of treatment for about two weeks, and injury to the victim F, such as salt dump, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes applicable to the facts constituting the crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of a sound driving); and

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

1. Selection of an alternative fine for punishment;

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

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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