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(영문) 춘천지방법원 2013.05.21 2013고정305
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 paid.

Reasons

Punishment of the crime

On February 11, 2013, the Defendant, while under the influence of alcohol at 0.126% of blood alcohol concentration, was driven by Csch Rexton car and came to reach an educationallyeropiced intersection road located in Chuncheon City, Incheon, the Defendant got out of both sides of the two sides of Seoul and going along one lane between the three lanes in Seoul and the two sides of the victim D(50 years old) who was waiting at the right side of the two lanes in front of the other side of the Defendant.

As such, the Defendant is driving a vehicle in a state where normal driving is difficult due to influence of drinking.

In response to the above traffic accident, the victim D suffered from the injury of the scam base that requires approximately two weeks of treatment, the injury of the scam base that requires treatment at around two weeks of age to the victim F (n, 44 years of age) who was on the said scam base, the injury of the scam base that requires treatment at about two weeks of age, the injury of the scam base that requires treatment at about two weeks of age to the same victim G (19 years of age), and the injury of the scam base that requires treatment at about two weeks of age to the same victim H (17 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each investigation report (related to the statement of a victim and drinking-related matters);

1. A report on the occurrence of a traffic accident, an investigation report on the actual condition of a traffic accident, a report on the primary driver's actions, and a report on whether to

1. Written statements of D;

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

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 concerning the crime committed;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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

1. Although there are favorable circumstances such as the defendant's entire time of committing a crime and reflects on the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the defendant is driving under influence of alcohol.

. have been discovered.

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