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(영문) 의정부지방법원 고양지원 2013.11.15 2013고단1656
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. Around 23:50 on August 16, 2013, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.233%, and the Defendant driven CK3 vehicle up to the roads prior to the front of the underground street of the said port on the Gyeonggi-dong, Gyeonggi-gu, U.S., and Dong-dong, Gyeonggi-gu, the Gyeonggi-do, the Gyeonggi-do, and also on the roads prior to the underground street of the said port.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving the said K3 car.

Although the Defendant was in an inaccurate situation with the temporary warning as stated in paragraph (1) and was in a situation where normal driving is difficult because he was drunk to the extent that he could not properly walk, the Defendant was driving the said K3 car, leading the said private-distance road to the blick-way from the direction of the dialogue.

As above, the Defendant was negligent in neglecting the duty of an all-time driving by driving a motor vehicle under the influence of alcohol and neglecting the duty of an all-time driving. The Defendant took part of the part of the part of the victim D (the age 26) driving EbsC200 motor vehicle in front of the said K3 motor vehicle, and due to the shock, suffered from the injury of clifal dume, etc. which requires approximately three weeks of treatment to the victim D, and suffered from the victim F (the age 27) who was accompanied by the said bsC200 motor vehicle for about three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Written statements of D;

1. Traffic accident report, inspection report on the actual condition of a drinking driver, report on the actual condition of a drinking driver, report on the actions against a drinking driver, and vehicle photograph;

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 related to the crime, Article 148-2 (2) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

1. Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes (mutual crimes against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Each selective fine for punishment;

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