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(영문) 수원지방법원 2015.03.26 2015고정202
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving vehicle B.

At around 07:30 on October 7, 2014, the Defendant was under the influence of alcohol so that it is difficult to drive the said vehicle normally, but the Defendant, while driving the said vehicle at the parallel in the parallel direction of the 71-323-lane 4-lane Do of the motorway between the two-lanes and the two-lanes, entered the safety zone between the two-lanes and the three-lanes at a speed of about 10 km in speed after temporarily stopping in the safety zone between the two-lanes and the three-lanes in order to enter the west-dong direction.

At the same time, the Drocketing vehicles driven by the victim C(IS, 38 years old) were directly driving in the direction of the safety and operation.

A person engaged in driving service has a duty of care to make a change of course by operating a direction direction when changing a vehicle line and giving prior notice of a change of course and to make a change of the vehicle line in the future and the future.

Nevertheless, the Defendant neglected this and neglected to change the vehicle line to the left-hand side as it was, thereby resulting in the failure of the Defendant’s vehicle’s driver’s seat, and thereby resulting in an even number of the damaged vehicle and the above parts.

Ultimately, the Defendant suffered injury to the victim through occupational negligence, such as salt, tensions, etc., which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. A traffic accident report and a written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes to photographs of accident vehicles;

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

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 of Article 334(1) of the Criminal Procedure Act is against the defendant.

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