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(영문) 광주지방법원 2014.03.12 2013고단5631
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

Around 03:45 on September 26, 2013, the Defendant: (a) driven a Crash car under the influence of alcohol content of 0.204% in blood; (b) driven by the victim D (37 years old) who was driven by the Defendant due to occupational negligence while driving the Crash apartment at a string speed from a two-lane 1st parallel in Seo-gu, Seo-gu, Seo-gu to a two-lane, Seo-gu, Seo-gu to a string apartment, and was negligent in performing the duty of maintaining safety distance and performing the duty of estringing off, while driving the 2nd parallel in order to stop for traffic signals; (c) the Defendant did not avoid the collision but did not stop, and did so to the front 2nd part of the said Crash; (d) caused the 2nd part of the said 2nd part to the victim’s troke and the 2nd part of the said Crash to the victim’s troke, who need to stop the above signal.

Accordingly, the defendant is driving a motor vehicle under the influence of alcohol concentration of 0.204%, and driving a motor vehicle under the influence of alcohol which makes it difficult to drive normally due to the influence of alcohol, thereby causing injury to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, F, and H;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime as provided in the corresponding Act; and

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse;

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