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(영문) 수원지방법원 안산지원 2016.02.16 2015고정1831

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of a passenger car class B.

1. On November 11, 2015, the Defendant violated the Road Traffic Act (drinking) is driving a vehicle owned by himself/herself under the influence of alcohol content of 0.14% in the condition of alcohol alcohol concentration of 0.14% from the street in front of an apartment apartment located in Ansan-si, Ansan-si, Ansan-si, Ansan-si to the front of the accident site in Ansan-si, Ansan-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Death or Injury resulting from Dangerous Driving) Defendant driven the said vehicle while the said vehicle was driven as above, and proceeded at a speed of about 30 kilometers per hour at a speed of about 30 kilometers per hour on the two-lanes of the 4-lane radius in the area of the Sinsan-si, Sinsan-si, Sinsan-si, Sinsan-si.

Since it was kept at night at the time, there was a duty of care to live well on the front side and the left side, and to accurately operate the steering direction and the brake system.

Nevertheless, the part of the victim D (the age of 41 per party)'s damaged vehicle E, which is proceeding in the front of the vehicle where he or she neglected to do so, was placed on the front part of the left part of the vehicle where he or she is driving.

As a result, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, was negligent in neglecting the duty of care, and was inflicted on the victim D with injury, such as “the chilled salt and tension,” which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes of a traffic accident report (1) (2), an accident-related photograph, drinking measuring record paper, etc.;

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

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

1. Article 70 of the Criminal Act to attract a workhouse.