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(영문) 수원지방법원 평택지원 2013.11.01 2013고정651
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person driving a B-Empurd vehicle;

1. At around 02:30 on September 12, 2008, when driving on the street, front of the entrance of the East Asian University located in Jinsung, with a view to being safe from the entrance of the East Asian University, it was under the influence of alcohol (0.161%) and driving the said vehicle under the influence of normal operation (0.161%) at the front of the Defendant’s vehicle where it is difficult to drive the said vehicle, thereby driving the said vehicle on the front of the Defendant’s vehicle, leaving the Defendant’s vehicle back to the front of the victim’s Category D driver’s vehicle back to the Defendant, thereby causing injury to the victim, such as salt, tension, etc. of the bones, which requires two-day medical treatment

2. At the above time and place, while under the influence of alcohol content 0.161%, the said vehicle was driven at a distance of about 30 km from the street in front of the cafeteria, Jincheon-gun, Jincheon-gun, Howon-Eup located in Chungcheongnam-do to the street in front of the entrance of the Dongi Broadcasting University located in the Hai-ri, Haho-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes on accident site and accident vehicle photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, subparagraph 1 of Article 148-2 and Article 44 (1) of the Road Traffic Act (wholly amended by Act No. 10790), the selection of fines for each of the fines;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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