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(영문) 대전지방법원 천안지원 2014.08.12 2014고정587
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant,

1. Around 15:50 on March 6, 2014, when driving a Cpoter II cargo vehicle, the driver of the vehicle proceeds at a low speed from the 5th parallel of the Sung-dong Sung-dong, Seo-gu, Seoan City toward the long distance of the National Bank. In such a case, the driver of the vehicle is prohibited from driving the vehicle while normal driving due to influence of drinking, and the driver of the vehicle has a duty of care to prevent accidents by safely driving the vehicle under the influence of drinking, such as reporting the traffic situation on the front bank, and operating the steering and brake system accurately, and thereby preventing accidents in advance. However, while driving the vehicle under the influence of alcohol level of 0.138% under the influence of alcohol level, the driver neglected to drive the vehicle at the front right-hand side of the victim D's eM520-day driver who stops at the intersection from the right-hand side of the running direction, conflicting the part of the vehicle to the right-hand side of the victim, causing injury to the Defendant 2 weeks.

2. While under the influence of alcohol level of 0.138% during the aforementioned temporary bordering, the above vehicles were driven from the Sungdong-gu Seongbuk-gu, Seocheon-si to the same bend and bend of the same visa.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written statement on the occurrence of a D traffic accident;

1. Application of Acts and subordinate statutes to the survey report on actual conditions, photographs related to accidents, diagnostic records, the ledger of use of drinking meters, reports on detection of drinking drivers, and on-site investigation report on dangerous driving death and injury;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and selection of fines for each crime;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall not exceed the aggregate of the maximum amount of the crimes above the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which

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