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(영문) 대전지방법원 천안지원 2014.05.13 2014고정142
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

On July 17, 2013, when the Defendant was under the influence of alcohol 0.172% from blood alcohol level on 08:15, the Defendant driven a Category B (B) drive, and proceeded at the entrance of the Net Hospital in the Dobong-gu, Chungcheongnam-gu, Yanancheon-gu, Yanancheon-gu, at the right speed from the direction of the construction section to the unsurgic hospital in the direction of the right direction. A driver engaged in driving service shall always drive at a clean mental state, not in the state of drinking, and shall drive the vehicle in the front and right direction of the driving, and shall not be negligent in performing the duty of care to prevent the accident by driving the vehicle in the left left at the left side of the direction of the sailing direction, and due to the negligence of the Defendant’s driver’s failure in performing the duty of care to prevent the accident, the Defendant sustained the part on the driving seat of the D 49 years old-gu driver’s vehicle in the direction of the sailing direction, and suffered the tension between the Defendant and the two week.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. A written statement of the occurrence of a traffic accident C;

1. The application of Acts and subordinate statutes, such as a fact-finding survey report, field map and photographs of accident vehicles, copies of the ledger of use of drinking measuring instruments, reports on detection of drinking drivers, on-site investigation of accidents resulting from dangerous driving, and medical certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant Act on the Punishment, etc. of Specific Crimes (a point of death or injury caused by each dangerous driving on the market), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (a point of driving on the market and selection

1. Articles 40 and 50 of the Detailed Punishment, etc. of Specific Crimes Act (limited to the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims C with heavy judgment on the crime committed in the market, but selecting a fine);

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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