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(영문) 춘천지방법원 원주지원 2012.12.11 2012고정621
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On August 29, 2012, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.186% on August 23:15, 2012, the Defendant driven a Bsch Rexton car at a section of approximately 800 meters from the Do in front of the Hoju-si Busan High School in Nowon-si, Nowon-do to the road front of the public health clinic in the same Dong-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to drive the above vehicle at a temporary border, such as Paragraph (1), leading the road in front of the public health clinic of the original city, working from the direction of the Gu to the view of the original city.

The Defendant, as stated in paragraph (1), neglected his duty at the front time of driving in a state where it is difficult to drive a motor vehicle normally due to influence of drinking, due to negligence, caused the signal to be changed to the front part of the foregoing vehicle, and received the lower part of the Da non-stop-top vehicle volume of the victim who stopped.

Ultimately, the Defendant suffered injury to the victim C, such as salt, tensions, etc., which requires approximately two weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report, a actual survey report, and a master-employed driver report;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), 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 selection of fines for each

2. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of aggregated of long-term punishments);

3. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

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