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(영문) 제주지방법원 2013.05.09 2013고정281
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, 50,000 won.

Reasons

Punishment of the crime

On October 28, 2012, the Defendant driven B cargo while under the influence of alcohol 0.162% of the blood alcohol concentration around 14:20 on October 28, 2012, and continued the roads front of Pyeongtaek-dong, Pyeongtaek-dong, in Jeju, from the High Science and Technology Complex to the area of the Yeongdeungpo-gu community hall.

A person engaged in driving service has a duty of care to properly operate the steering area and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of operation.

Nevertheless, while under the influence of alcohol, the Defendant is negligent in performing the above duty of care and negligent in driving so as to drive the vehicle before the direction of the Defendant’s driving.

The upper part of the left-hand part of the D Driving's D Driving in the stop was shocked by the upper part on the right-hand part of the Defendant's driving vehicle.

In the end, the defendant, in a situation where normal driving is difficult due to the influence of drinking, caused the victim E (the 52-year old age), who is the passenger of the defendant's vehicle, to suffer from the human dynasium requiring two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. The application of accident-related photographs, commissions and return-related Acts and subordinate statutes;

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