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(영문) 수원지방법원 평택지원 2014.03.12 2014고정55

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From November 29, 2013 to 03:00, the Defendant, as a person who is engaged in driving a low-speed car B, proceeded at a speed of about 30-40 km per hour in the direction of the police station in the direction of viewing at the front of the Korean power, where a yellow flickering signal of two-lanes in front of the Korean power running in Pyeongtaek-si, in the state of 0.112% alcohol concentration from the blood alcohol level.

In such a case, the driver of a motor vehicle, if there is a vehicle driving ahead of the intersection before entering the intersection, shall yield the vehicle, and neglecting the duty of care to prevent the accident, while neglecting the duty of care to prevent the accident, and the driver of the motor vehicle, who is driving on the right side by the victim C, who is driving on the left side of the motor vehicle.

As a result, the Defendant suffered brain-dead treatment for about three weeks to the victim C, and the victim E and F, who are the winners of the damaged vehicle, for two weeks, from arms in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. A report on the occurrence of a traffic accident and on-site photographs;

1. Application of each written diagnosis (C, E, F) statute;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with the largest criminal situation)

1. Selection of each alternative fine for punishment;

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. The fact that the reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are confessioned by the defendant and the vehicles driven by the defendant are covered by comprehensive insurance.