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(영문) 수원지방법원 안양지원 2015.09.24 2015고정818

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Around April 29, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) and the Road Traffic Act (driving a sound driving) driven a motor vehicle with a blood alcohol concentration of 0.197% under the influence of alcohol level around 23:10 on April 29, 2015, and driven a two-lane road of the above-lane 4-lane of the Anyang Tyang B, which is located inside the mouth of the Manyang-gu in Ansan-gu at Anyang-si, Annyang-gu, Seoul.

In such a case, a person engaged in driving of a motor vehicle has to look at the right side and the right side and the right side and the right side and to prevent the accident by driving the steering wheel and brakes accurately and safely in accordance with the new code. However, due to the negligence that he neglected to do so under the influence of alcohol, he/she received the top part of the driver's vehicle in the Dana-si driving which is driven by C in accordance with the stop signal at the two-lanes of the frontline, and suffered from the victim E (e.g., 58 years of age) for about three-day medical treatment.

2. While the Defendant was prohibited from operating a motor vehicle on the road, which is not covered by mandatory insurance for a motor vehicle violating the Guarantee of Automobile Accident Compensation Act, the Defendant operated the motor vehicle on the same date and at the same place as that of the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement in C and E;

1. 교통사고보고⑴⑵, 교통사고발생보고서

1. Reports on the state of the state of the driving of a motor vehicle and reports on the control of drinking driving;

1. Medical records and investigation reports (victim E-health status report);

1. Application of the mandatory insurance policy to the Acts and subordinate statutes;

1. Operation of vehicles that are not covered by mandatory insurance under 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, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime;