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(영문) 춘천지방법원 원주지원 2014.03.21 2014고정94
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to 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 of a C Poter Cargo Vehicle.

1. Around 21:00 on October 17, 2013, the Defendant driven the said vehicle from the road surface in front of the water level of the principal school Dong-dong State to the lower half of the heon road in the short term, while under the influence of alcohol by 0.169% of the blood alcohol concentration of 0.169%.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving the said vehicle at a speed that does not confirm the road front of the downline in the driving of the atomic short-term driving in the original city, even though it is difficult to drive the vehicle normally due to the influence of drinking at the same time as above in the preceding paragraph.

The location is a private-distance intersection where traffic is controlled by signal apparatus, and at the time the victim D(50 years of age, n) was at the time a signal stop in order to turn to the left by driving a shower car.

Nevertheless, the Defendant was under the influence of alcohol and received the rear part of the victim driving vehicle with the front part of the Defendant’s driving vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks due to the foregoing accident.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate (D);

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial reports on drivers;

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

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, to the extent that the aggregate of the amounts of two concurrent crimes as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which

1. The Criminal Act for the detention of a workhouse;

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