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(영문) 수원지방법원 안산지원 2014.03.26 2014고단103

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

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

Reasons

Punishment of the crime

1. On December 18, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car in a state where it is difficult to drive it normally due to the influence of alcohol content of 0.154% by a person engaged in driving of BAW-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

In such a case, the victim C, who was stopping in the signal atmosphere due to negligence of neglecting the duty of care to prevent the accident due to the failure of the accident, even though there was a duty of care to prevent the accident due to the failure of the course, was shocked by the front part of the car.

As a result, the victim C suffered from the injury of the chilled salt, tensions, etc., which requires approximately two weeks of treatment, and the victim E suffered from the injury of the chilled salt, chilled salt, and salt farms that require approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) operated the car as set forth in paragraph 1 from the Do near the Do of Ansan-si, Ansan-si to the 1688 Sinsi-dong prior to the announcement of the 1688 Sinsi-si, Ansan-si, under the influence of alcohol level 0.154% of the blood alcohol level at the time and time set forth in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Application of Acts and subordinate statutes of C and E of each medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a victim C with heavier penalty shall be imposed pursuant to the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) ;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 and Article 38(1) of the Criminal Act to increase concurrent crimes.