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(영문) 대전지방법원 천안지원 2013.04.30 2013고정246
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

Defendant,

1. On December 12, 2012, around 02:30, he driven a Brentop car in the state of alcohol alcohol concentration of approximately 0.127% in the 1.5km section at the 1.5km section of the same 396-10-10-30 road in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu;

2. On the same day, even though the Defendant's body was smelled by smelling and smelling off, as above, and the above vehicle was driven by the Defendant, and the two-lane road in front of the 396-1000 km-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, 2nd two-lanes was driven from the 2nd parallel to the 2nd parallel. The location is an intersection with on-and-off signal. Thus, in such a case, when the vehicle passes through the intersection by reducing the speed and ensuring the safety of the vehicle, the driver of the vehicle temporarily stopped the vehicle before entering the intersection and sent the vehicle first to the victim, and without being negligent in stopping the signal even though the signal was red, and the part of the vehicle in front of the victim's 5nd parallel with the victim's 2nd parallel with the Defendant's 5nd parallel with the Defendant's new one who is in need of treatment at the right speed.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes, such as a fact-finding survey report, a report on detection of a drinking driver, the ledger of use of a drinking measuring instrument, field photographs, and medical certificate;

1. Relevant Article of the Act on the Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking on the market), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing death or injury on the market), and selection of each fine;

1. Article 37 of the Criminal Code among concurrent crimes.

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