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(영문) 수원지방법원 2015.06.17 2015고단1959

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 the car volume B.C.

On January 31, 2015, at around 11:40, the Defendant driven the above vehicle while under the influence of alcohol of 0.102% with blood alcohol concentration of 0.10%, and led the two-lanes of the three-lanes around the central high-speed garage in the Blue Blue City, the Defendant proceeded directly from the 2nd new city to the YCC bank.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side, and to prevent accidents by accurately manipulating the steering and brakes.

Nevertheless, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult, such as influorous distance with a little walk and face while neglecting the duty of care as a driver of the motor vehicle, was negligent in neglecting the duty of care as a driver of the motor vehicle, and led the victim C(40 years old) driving prior to the same lane in the same direction.

As a result, the Defendant suffered from approximately two weeks of injury to the victim E (year 53), the victim F (year 49) who was the passenger of the Defendant’s vehicle, due to scopic heat, etc., about 2 weeks of injury to the victim F (year 49) who was the passenger of the Defendant’s vehicle, about 1 day of the copic base and tension, and about 56 years of age to the victim G (the victim G (the victim) who was the passenger of the damaged vehicle, about 3 weeks of the scopic base and tension.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each statement of E and F;

1. A traffic accident report (1) (1)

1. The circumstantial report of an employee;

1. Notification of the control of drinking driving;

1. Each medical certificate and each certificate of emergency medical treatment;

1. Application of statutes on site photographs;

1. 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 concerning the crime; and

1. Article 40 of the Criminal Act of the Commercial Competition.