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(영문) 의정부지방법원 고양지원 2013.10.17 2013고단1205
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 60,000 won.

Reasons

Punishment of the crime

1. The defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes and is engaged in driving a motor vehicle by making a franchise;

On May 30, 2013, around 16:05, the Defendant driven the said car under the influence of alcohol concentration of 0.194%, while driving the said car at a one-lane road in front of the first set of the apartment model, which is located in the Yongsan-gu Busan Metropolitan City, Seoyang-si.

At the time, the Defendant had a duty of care to prevent accidents due to the following: (a) the victim D (the age of 61) who was prior to the same direction was driving; (b) the Defendant, who was engaged in driving service, was well aware of the situation; and (c) the Defendant was engaged in driving service.

Nevertheless, the defendant was negligent in driving without reducing speed, and due to the negligence of driving the vehicle as it is, the defendant was sentenced to the backer of the victim's cargo vehicle.

Ultimately, the Defendant sustained injury, such as the bones of wood, knenee, knee, knee, and tension, etc., on the part of the victim who was on board the said cargo while driving a motor vehicle under the influence of alcohol that is difficult to drive normally due to the said influence.

2. Violation of the Road Traffic Act (driving) the Defendant driven the said car under the influence of alcohol with a blood alcohol concentration of about 0.194% from the section of about 1k to the point of accident in the same Dong, from the road in front of the mountain market in Yongsan-gu, Seoyang-gu, U.S., Busan at the time and time under the above paragraph (1) to the point of accident in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. Requests for appraisal;

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 related to the relevant criminal facts, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving sound and the choice of fines);

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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