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(영문) 수원지방법원 안양지원 2015.06.24 2015고정398

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

1. On January 25, 2015, at around 09:27, the Defendant driven the Category of B cruise car at approximately 2 km from 0.148 % of alcohol alcohol level from Yangcheon-si to 0.148 % of the same city in the influence of alcohol.

2. Although the Defendant was under the influence of alcohol, as described in paragraph 1, while driving normally, it was difficult for him to drive, on January 25, 2015, at around 09:27, he driven at a speed of about 60 km per hour from the direction of the king Library to the direction of the king Library.

At all times, prior to running along the intersection where the signal lights are installed, there was a duty of care to pay attention to safety according to the traffic signal signals.

Nevertheless, due to the negligence of entering the red signal, the full amount of the victim C's driver's car to turn to the left is collisioned with the front right part of the driver's vehicle in front of the defendant's driver's vehicle and thereby, the victim suffered injury, such as the d's d's d'lle and tension, which requires treatment for about two weeks for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a medical certificate, an appraisal request report, and an appraisal request report for a host driver;

1. Relevant Article of the Act on the Punishment of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Selection of fines for each case;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the victim did not want the punishment against the defendant by mutual consent with the victim, and the victim suffered a relatively minor injury, but the occurrence of the serious accident (the investigation record 9-12 pages).