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(영문) 대전지방법원 서산지원 2014.10.30 2014고정21
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 one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B B B-S cruise car.

At around 19:30 on October 17, 2013, the Defendant driven the above vehicle while under the influence of 0.159% of blood alcohol concentration on the front side of the first half point in the Seosan-si, Seosan-si, Seosan-si, and driven the vehicle at a speed of about 50km/h/h of speed in the direction of her name from Seosan-si in the direction of her name from Seosan-si.

In this case, a person engaged in driving service of a motor vehicle has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent accidents.

Nevertheless, the Defendant did not drive normally due to the influence of alcohol while under the influence of alcohol and got off the part of the victim C (the 51-year-old 51-year-old 2-on-board 2-on-board 2-on-board on-board on-board on-board on-board on-board on-board on-board on-board on-

The Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of treatment due to the foregoing occupational negligence.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C's written statement related to traffic accidents;

1. Investigation report on the actual condition of traffic accidents, report on the detection of a drinking driver, and report on the circumstantial statement of a drinking driver;

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

1. 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 choice of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act is that he/she inflicted an injury on the victim while driving a motor vehicle while under the influence of alcohol.

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