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(영문) 수원지방법원 안산지원 2013.04.05 2013고정307
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.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd. owned by the Defendant.

1. On December 15, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol by 03:05% on a blood alcohol concentration, 0.126% on a narrow-distance, face, and so on while it is difficult to drive or determine the said vehicle normally, the Defendant came to drive or determine the said vehicle at a speed of about 10 kilometers per hour from the direction of the new Yacheon Police Station to the village at the speed of about 10 kilometers per hour.

Since there is a center line installed, it is difficult to neglect the duty of care to drive the center line over the center line, and due to the negligence of driving over the center line and over the center line, it received the back part of the left side of the center line of the victim D(Se. 41) driving Eone Star in the course of bed.

As a result, the injured party D suffered injuries such as soft salt, tensions, etc. which require treatment for about two weeks, and the injured party F (the age of 43) suffered injuries, such as catum salt, tensions, etc. which require treatment for about two weeks.

2. The Defendant, while under the influence of alcohol 0.126% at a temporary border such as paragraph (1) of this Article, was driving Bone Star Corresponding around 834-9 prior to Silung-dong 834-9 in Silung-dong at Silung-dong, on a level of about one meter.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. A written statement;

1. Each written diagnosis;

1. Reports on traffic accidents, and reports on the state of standing drivers;

1. Application of each statute on photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes applicable to the facts constituting the crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of a sound driving); and

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

1. Each selective fine for punishment;

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