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(영문) 춘천지방법원 원주지원 2015.11.04 2015고정422
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a passenger car in B NAS;

On July 12, 2015, the Defendant was driving the said car on the front side of the D Hospital located in the city in the city in the city in the city in the city in the city in the city in the city in front of the Gu, and was driving the said car to the 1st head of the Ist Command. On July 12, 2015, the Defendant was under the influence of alcohol by neglecting the duty of Jeonju in the state in which normal driving is difficult due to the influence of alcohol and by neglecting the duty of Jeonju in the state in which normal driving is difficult due to the influence of alcohol, and caused the Defendant’s injury, such as the lower part of the FJ car driven by the victim E (n.e., the 57 years old) who was in the atmosphere in the front of the car in the city in which the Defendant was driving.

2. On July 12, 2015, the Defendant: (a) driven a BNS car in the state of alcohol alcohol concentration of approximately 0.186% in a section of about 3km from the road located in the site located in the original-si-dong-dong-dong to the point of accident as stated in paragraph (1) to the front road of the hospital located in the original-si-si-si-si, the location where the accident as indicated in paragraph (1) was located.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A fact-finding survey report and a report on detection of a part-time driver;

1. Written response;

1. A medical certificate;

1. Application of statutes on site photographs;

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 and the choice of fines for the crime;

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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