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(영문) 전주지방법원 군산지원 2014.11.27 2014고정510
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was a person engaged in driving of BAW-W-W-W-W-W-W-C-on on June 28, 2014, and the Defendant driven the said vehicle under the influence of alcohol of 0.121% of alcohol concentration on blood, around 23:47 on June 28, 2014, and proceeded with the road of four-lanes near the Central Sports Park in Y-dong, Y-dong, Y-dong. The Defendant, at the time, was in a state that the Defendant was unable to engage in normal physical manipulation and accident to the extent that he was unable to properly hold the body while walking.

Nevertheless, the Defendant, while driving the said car under the above conditions, was in violation of the front line signal while driving it, and the said private distance was driven by the victim C(W, 55 years old) driving under the new code from the bank of foreign exchange to the front line in the front line of the Defendant’s car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to drinking, resulting in injury to the victim, such as salt pans, tensions, etc. in need of treatment for about two weeks.

2. On June 28, 2014, at around 23:47, the Defendant: (a) driven a hived vehicle with a blood alcohol content of about 1km from the 1km section to the place indicated in paragraph (1) on the roads adjacent to the KT telephone station located in the Hasan-si, Chungcheongnam-si; (b) the Defendant driven a hived vehicle with a blood alcohol content of about 0.121% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

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

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

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

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

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