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(영문) 수원지방법원 안산지원 2014.03.28 2014고단233

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) committed two-lanes on November 27, 2013 by driving the said car under the influence of alcohol level of 0.19% as a person who is engaged in driving of B M&A car on November 27, 2013, and driving the said car at a 0.19% alcohol level, and driving the two-lane road in front of the members' grassland, grassland, lake, village apartment in Ansan-si in Ansan-si, Ansan-si.

Since the location was an intersection where signal lights are installed, there was a duty of care to confirm whether a person engaged in driving service has a vehicle traveling along the intersection and to drive safely in accordance with the signals.

Nevertheless, under the influence of alcohol, the Defendant continued to proceed at the same speed while the signal was changed to the stop signal, and was driven by the victim C, who passed the intersection along the sewage terminal treatment plant, in accordance with the straight-line signal from the point of Gyeyang Electric Power, to the intersection, on the left side of the said vehicle of the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as acute spatitis which requires treatment for about two weeks.

2. Around 03:10 on November 27, 2013, the Defendant driven a B Mt Motor Vehicle while under the influence of alcohol content of 0.19% from the 4km section of the blood alcohol concentration at around 0.199% from the Do in front of the Do in the Do in the Dong-dong Do of Ansan-si, Sinsan-si to the shooting distance of the same Do in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A written appraisal of blood alcohol and a written report of the master driver;

1. Statement on the occurrence of traffic accident;

1. Application of Acts and subordinate statutes of the Medical Certificate (C);

1. The corresponding Article of the Criminal Act and the aggravated punishment of specific crimes selected for the crime.