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(영문) 수원지방법원 평택지원 2018.08.10 2018고단481

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 7,500,000.

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

Reasons

Punishment of the crime

1. The defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the danger) and is engaged in driving of Branchising motor vehicles;

On February 11, 2018, the Defendant was driving the said vehicle on the fourth-lane road of the deep-dong distance of 203, as the Sinsan-si games around 23:50 on February 11, 2018, while driving the said vehicle on the 4-lane road of the 203-lane.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and he/she has a duty of care to safely drive the motor vehicle by checking well the front-hand, left, and left well.

Nevertheless, the defendant is inaccurate, and the face is confirmed with red and so it is difficult to drive normally due to influence of drinking, and is negligent in neglecting it, and the part of the victim C(Y, 26 years old) who is waiting to turn to the left at the right-hand turn without showing it properly, and the part of the back-hand vehicle of the victim C(Y, 26 years old) who is waiting to turn to the right-hand turn was shocked by the front part of the vehicle on which the defendant is driving.

After all, the Defendant suffered injury to the victim due to the above occupational negligence during the two-day period of medical treatment.

2. On February 23:30, 2018, the Defendant: (a) driven a motor vehicle under the influence of alcohol content 0.123% while under the influence of alcohol while under the influence of alcohol content 0.123%, in a section of about 1km from the roads adjacent to the Dansi Port Complex to the roads adjacent to the 203-lane Pasi-si, Osan-si; and (b) the driving of the motor vehicle under the influence of alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

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

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of risk driving) concerning criminal facts and Article 5-11 of the Act on the Aggravated Punishment, etc.