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(영문) 의정부지방법원 2015.12.01 2015고정1792
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 16:00 on December 21, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) caused the victim E to suffer injury to the victim E, i.e., the victim E, while under influence of 0.251% of alcohol concentration in the blood in the straight line, by driving a small bacon vehicle B on a work, and driving the fran vehicle in front of the Dju point located in Gangwon-gun, Gangwon-gun, one of the off-road public parking lots located in Gangwon-gun, while under influence of 0.251% of alcohol concentration in the middle of the straight line, due to an occupational negligence, while driving the bacon vehicle, and driving the bacon vehicle in front of the Djuk-gun, which was driven by the victim E (age 49).

2. Around 16:00 on December 21, 2012, the Defendant driven a motor vehicle under the influence of alcohol content of about 0.251% in a section of approximately 100 meters from the street department store from the front of the car department store to the end of the car department in the new iron system in the Gangseo-gu, Gangwon-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G preparation;

1. Reports on the occurrence of a traffic accident and circumstantial statement of the driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, Selection of Fines) and Articles 148-2 (2) 1 and 44 (1) (Aggravated Punishment, etc. of Road Traffic Act and Selection of Fines)

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

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