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(영문) 제주지방법원 2014.10.30 2014고정856
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

1. On August 9, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving a new x-D motor vehicle from B, EXD on a three-lane basis, one-lane prior to D in Jeju City, one-lane, one-lane, one-lane, one-lane, and one-lane one-lane one-lane one-way one-way one-way one.

If a person is engaged in driving service, he/she shall not drive a vehicle in a state where normal driving is difficult due to the influence of drinking, and has a duty of care to prevent the occurrence of an accident by properly examining the left and right of the front side.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.192%, was driven by the victim E(the age of 32) who was stopped by negligence in accordance with the new subparagraph due to the driver's negligence while driving in a state where normal driving is difficult, and the Defendant shocked the driver by the front driver of the driver's car.

As a result, the Defendant caused the victim E by negligence in the course of performing the above duties the injury of the victim E, such as the inception of detailed unknown conditions and the inception of tensions, tensions, etc., and the injury of the victim G (the 30-year old-age-age-age-age-age-age-age-age-age-age-of-life-age-age-of-life-age-age-of-life-age-of

2. Around 13:54 on August 9, 2014, the Defendant, while under the influence of alcohol on a blood alcohol level of 0.192%, driven a motor vehicle with approximately KRW 150m distance from the shooting distance at the entrance of the Korea National University to D in front of the road located in the same Dong at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to the reporting of traffic accidents, such as inquiry into the results of the crackdown on drinking driving, the report on the circumstantial statements of drinking drivers, photographs, each medical certificate;

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

1. Commercial concurrence and choice of punishment: each of the provisions of Articles 40 and 50 of the Criminal Act;

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