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(영문) 전주지방법원 2018.08.21 2018고단400
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

The defendant is a person who is engaged in driving a Clearning car.

On February 22, 2018, the Defendant driven the said car under the influence of alcohol content of 0.146% in blood around 18:50, while driving the said car, and led to the three-lanes of the flow-distance-distance-distance-distance-distance-distance-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-type-based-based-based-based-based-based-based-

At the time of the defendant's frontline, the victim D(53) car driven by the victim D(53) was stopped as the body of the vehicle, and thus, the driver of the vehicle had a duty of care to keep the vehicle well and to prevent the accident by accurately manipulating the brakes and accurately operating the brakes.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and did not operate the operation system properly, received the back portion of the said rocketing passenger vehicle as the front part of the said rocketing passenger vehicle, and suffered injury to the victim, such as dump dump, which requires approximately two weeks of treatment.

After all, the defendant was injured by driving the above-learning car in a situation where normal driving is difficult due to the influence of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

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

1. A report on whether to drive any danger;

1. Investigation report (the application of the above dmark);

1. Statement protocol (D);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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 selection of fines, respectively;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the primary offender.

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