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(영문) 의정부지방법원 고양지원 2014.07.04 2013고정1506
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a B-W vehicle in the line of duty.

1. On October 16, 2012, around 17:05, at the same time, five-lanes of five-lanes from the five-lanes in front of Mangsan-gu, Mangsan-si, Mangsan-si, Mangsan-si, Busan-si, the Gyeonggi-do, where normal driving is difficult due to blood alcohol concentration of 0.203%, the driver driven the five-lanes in the direction of Mangsan-do Hospital at the boundary of the Mangsan Police Station.

The driver of any motor vehicle shall be prohibited from driving his/her motor vehicle at a speed or in a manner that may cause any danger and impediment to other persons, depending on the traffic conditions of roads and the structure

Nevertheless, due to negligence, the victim C (the 44 years of age, south) who was proceeding in front of the same direction of the vehicle driven by the victim C (the 44 years of age, south) was shocked by the left side of the vehicle driven by the vehicle.

As a result, the victim C and E (V, 43 years of age, women) suffered from approximately two weeks of treatment such as salt ties and tensions.

2. As referred to in the preceding paragraph, in the case of the Gyeonggi-gu Goyang-si Makikikia, Gyeonggi-gu, Gyeonggi-do, the approximately 2 km-si, approximately 0.203% of blood alcohol concentration, from the same time, to the front of Ilsan-dong, Busan-gu, Busan-dong, Busan-si, and the same time.

Summary of Evidence

1. C’s statement;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, on-site photographs;

1. A report on detection of a host driver and a circumstantial report on the host 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 among the ordinary concurrent crimes (mutual crimes against the violation of the Act on the Aggravated Punishment, etc. of Specific 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. Articles 70 (1) 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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