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(영문) 수원지방법원 안산지원 2018.03.21 2018고단436

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

1. On January 11, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) was under the influence of alcohol, and the horses were subdivided into two lanes in the middle of the art hall in the direction of the members of Ansan-si, where normal driving is difficult, such as under the influence of alcohol, the width, and the face being red, and thus, the Defendant was driving a motor vehicle of sofurged on the front of the Gan-si, Ansan-si, a vehicle of sofurging on the front of the Gan-si, the members of Ansan-si, while driving the motor vehicle of sofurging, led directly to one lane in the Seoul Arts Center.

At the same time, signal lights are installed at the front of that place at night. As such, the driver had a duty of care to prevent accidents by accurately manipulating the brakes by accurately manipulating the brakes after checking whether there is a vehicle waiting for signal by stopping prior to that time.

Nevertheless, the Defendant neglected to do so due to the influence of alcohol, and led the victim C's rocketing car in the same lane as that of the running direction at the time to the front of the Defendant’s vehicle.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, was negligent in neglecting his/her duty of care as seen above, and the Defendant suffered injury, such as salt, tension, etc. of the trend requiring approximately two weeks medical treatment.

2. A violation of the Road Traffic Act (drinking driving) by the Defendant: 11. The center road of the city of Ansan-si, a member of the city of Ansan-si, which is located in paragraph (1); 1. The center road of the same Gu from the back side road of Jin-do to the same Gu.

5. In the section of approximately 200 meters up to the front road of the Jindo road, the said vehicle was driven under the influence of alcohol content of about 0.174% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual condition (traffic accident report);

1. Investigation report (report on the situation of the driver in charge); and

1. A written appraisal of alcohol concentration in the blood;

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

1. Criminal facts;