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(영문) 수원지방법원 평택지원 2016.05.19 2016고단217

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

The defendant is a person who is engaged in driving a B car.

On January 17, 2016, the Defendant, while under the influence of alcohol at 0.144% during blood transfusion around 19:00, driven the said car at an influent speed by driving the said car at a two-lane distance from the port on the side where it is located in the parallel of Pyeongtaek-si 482 in the influence of Pyeongtaek-si.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system of the motor vehicle.

Nevertheless, the Defendant neglected this and caused the part of the back part of the F Vehicle of the Victim E (35 years old) who driven by the victim C (27 years old) who was waiting in the front of the vehicle in front of the Defendant, by his negligence without properly operating the brake system under the influence of alcohol and without properly operating it, and caused the back part of the F Vehicle driven by the G (46 years old) in front of the F Vehicle to be pushed ahead by the front part of the F Vehicle.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury such as salt, tensions, etc. to the victim C by driving the said car, and causing injury to the victim E, such as light dynasium, tensions, etc. in need of a two-day medical treatment, and injury to the victim I (the victim I, the passenger of H vehicle, who is the passenger of the vehicle, for about 33 years old) for about two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant provisions of the Act concerning facts constituting an offense;