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(영문) 수원지방법원 안산지원 2017.11.16 2017고정981

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

If the defendant does not pay the above fine, he shall be 100.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a B carren vehicle.

A. On June 18, 2017, the Defendant is driving the said vehicle under the influence of alcohol content of about 0.216% in blood, from the Do in front of the Han River basin in the Han River basin in Ansan-si, Masan-si on June 18, 2017, to the front of the Han River basin in the same city’s Do, in accordance with the Gu’s lightline, from the Do in front of the Han River basin in the same city’s Do.

B. Defendant 1 driven the said vehicle in a situation where normal driving is difficult due to the influence of the said “A” as a temporary light alcohol such as that of the said “A,” and led Defendant 1 to drive the said vehicle in the vicinity of the three-lane radius from the center to the center of the road in front of the street, regardless of the previous light of the members of the Gyeonggi-si, Insan-si.

Since there is an intersection where signal lights are installed, a person engaged in driving service has a duty of care to drive safely in accordance with the signals by reducing speed and by examining the right and the right of the road.

Nevertheless, while neglecting this, the former signal was stopped at the same speed, the part on the right side of the victim C(62 years old, south) driving, which is proceeding from the left side of the course to the right side, was shocked into the front part of the Defendant driver's car siren.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as acute salvinal sale, requiring two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Inquiries about the results of traffic accident reports and drinking control;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2(2)1 and 44(1) of the Road Traffic Act (the act of driving under influence of alcohol) (the act of driving under influence of alcohol in this case) (the act of causing a traffic accident due to driving under the influence of alcohol in this case,