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(영문) 춘천지방법원 2012.11.20 2012고정324
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a CAR car.

On April 15, 2012, the Defendant was under the influence of alcohol content 0.120% by driving the said vehicle on April 15, 2012, at 06:50, the Defendant, while driving the said vehicle and driving the said vehicle, temporarily stopped in the open parking space in the left side of the left side of the vehicle by driving the vehicle on the number-free taxi in front of 168-122 coming from the opposite direction.

In such cases, the driver has a duty of care to safely drive the driver after taking into account whether he/she is either a person or another vehicle in the direction of progress.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to drive normally due to the fact that he is unable to walk normally, he received the victim D (35 years of age) walking from the rear side of the Defendant’s vehicle as the rear part of the Defendant’s vehicle, and suffered injury, such as the climatic salt, which requires treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. A report on whether to drive any dangerous motor vehicle;

1. A report on detection of a host driver (A) and a circumstantial statement (A);

1. The application of Acts and subordinate statutes requesting appraisal of blood alcohol concentration;

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

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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