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(영문) 제주지방법원 2014.03.20 2014고정92
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On October 6, 2013, at around 22:25, the Defendant driven a B-car while under the influence of alcohol with 0.154% of alcohol concentration, and proceeded on the South Korean Industrial Complex road, which is located at Oraladong in Jeju City, from public health clinic shooting distance to the interlock.

A person engaged in driving service has a duty of care to accurately operate and safely drive the steering room and the left and right, and the steering gear, etc.

Nevertheless, while under the influence of alcohol, the driver neglected it and caused the driver's negligence of driving the Defendant's vehicle to be parked on the front side of the driver's vehicle at the front side of the driver's vehicle C(28 years old).

As a result, the Defendant, while driving a vehicle in a state where normal driving is difficult due to influence of alcohol, caused the victim C to suffer from the c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’a

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to a copy of the report on circumstantial statements, actual condition survey report, each photograph, and each diagnosis report made by a prime driver;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act;

1. Formal concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act, and selection of fines;

1. Aggravation of concurrent crimes: The provision of the former part of Article 37, and Articles 38 (1) 2 and 50 (within the scope of adding up the amount) of the Criminal Act;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional Payment Order: The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered by considering all the following circumstances. favorable circumstances are determined at the time of committing a crime.

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