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(영문) 수원지방법원 성남지원 2014.04.25 2014고정467

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

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving of a BAW-lurt Motor Vehicle on November 3, 201, and the Defendant, around 19:01, when driving the said motor vehicle in a state where normal driving is difficult due to the influence of alcohol of 0.130% on the roads located in the dynamic road located in Gwangju-si, Gwangju-si, while driving the said motor vehicle at a three-lane level from the surface of the wave to the permissible level from the surface of the wave. In such a case, a person engaged in driving the motor vehicle, who is in charge of driving the motor vehicle, is negligent in performing the duty of due care to prevent the accident from occurring due to negligence while neglecting the duty of care to prevent the accident, and caused the victim to suffer from the injury of the said motor vehicle by shocking the part behind the Dropic camp that is driven by the victim C in front of the said motor vehicle of the said AWn-gu.

2. The Defendant violated the Road Traffic Act (driving) driving a motor vehicle of approximately 16 km away from the instant 1.130% of the blood alcohol concentration in the temporary border as stated in the foregoing 1.1. on the roads located in the emulg of Gwangju City, Gwangju City, on the roads located in the emulgal road located in the emulgal city of Gwangju, to the intersection of the emulgal road located in Gwangju City

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The actual survey report on traffic accidents;

1. A written report from an employee of an employer;

1. C’s statement;

1. A medical certificate;

1. Application of statutes on field photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of fines);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;