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(영문) 제주지방법원 2013.09.25 2013고정675
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On May 23, 2013, the Defendant was under the influence of at least 0.196% of blood alcohol concentration around 13:00, and was under the influence of at least 0.196% of the Defendant’s blood alcohol concentration, and was under the influence of the Defendant, while driving CEF rocketing and driving a one-lane in front of the 139 OF Minnas dec.

The driver of any motor vehicle has a duty of care to safely operate the steering system, brake system, etc. of the motor vehicle while driving the motor vehicle on the front side.

Nevertheless, neglecting such duty of care as above, changing the course from one lane to two lanes, D Driving E. 1 ton of the front side of the body left side of the passenger vehicle which was parked in the signal atmosphere at a two-lane, has shocked the front side of the passenger vehicle into the right side of the body side of the passenger vehicle, and the victim F (28 years old), which was parked in front of the passenger vehicle, has shocked into the right side of the front side of the passenger vehicle.

As a result, the Defendant driven the said NewF Launa car under the influence of alcohol that it is difficult for him to drive in a normal way, and suffered from the f and the victim H (the age 27) of the victim F and the victim of the damaged vehicle for about two weeks. The Defendant suffered from a sprink sprink sprink sprink sprink sprink sprink sprink sprink sprink sprink sprink sprink sprink sprink sprink sprinks

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

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

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the relevant criminal facts, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (a point of driving while driving a motor vehicle);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the aforesaid crime against a victim F with the largest criminal situation among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving));

1. Selection of each alternative fine for punishment;

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

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