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(영문) 의정부지방법원 2013.08.23 2013고단1795
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

1. Around 21:45 on May 18, 2013, the Defendant: (a) started driving in front of a restaurant at the New Mancheon-ri Cheongcheon-ri Cheongcheon Sea Station; and (b) driven a B rocketing car with blood alcohol content of 0.157% under the influence of alcohol at a 300-meter section up to the same trib Kabl Kaf-ro road.

2. On May 18, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the said vehicle in a state where it is difficult to drive the vehicle normally due to influence of drinking due to inaccurate and walking distance, etc. while driving the said vehicle in a state where it is difficult to drive the vehicle normally due to influence of drinking due to the influence of drinking, etc. on May 18, 2013.

At the time, it is night and a place where a center line is installed, so a person engaged in driving service has received the front part of the DNA car in front of the defendant's driving, which is driven by the victim C(64 years old) who is driving in the direction of the opposite direction by the negligence of driving the central line in the state of drinking while neglecting the duty of care in the operation of the vehicle, despite the fact that there was a duty of care to safely operate the vehicle.

As a result, the Defendant was negligent in driving a vehicle while under the influence of alcohol and sustained injury such as salt, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The actual survey report on traffic accidents;

1. On-site photographs;

1. A report on detection of a host driver and a report on the status of the host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant 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 each crime;

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