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(영문) 수원지방법원 여주지원 2013.09.16 2013고단725
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 11, 2013, at around 18:15, the Defendant driven a B-hand motor vehicle with a difficult driving due to the influence of alcohol by 0.236% of blood alcohol level, and continued to drive approximately 30-40 km per hour in the direction of the head in the direction of the head, from the direction of the head, to the direction of the head, from the direction of the second line of the second line in the direction of the head, to the direction of the head, from the direction of the head, up to the direction of the new road located in the same Eup/Myeonn-Eup, in the direction of the head.

Since there is a road where the passage of vehicles is frequent, there was a duty of care for those who are engaged in driving of motor vehicles to live well in the front door and to operate the brakes properly.

Nevertheless, the Defendant neglected this and was negligent in driving under the influence of alcohol as above, and received the part concerning the rear panion of the victim C(59 years old) driving prior to the same direction as the front panion of the Defendant’s car.

Ultimately, the Defendant suffered injury to the victim C, such as catitis, which requires treatment for about two weeks, due to the foregoing occupational negligence, and injury to the victim E (V, 25 years of age) who was aboard the said taxi, such as catitis which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Traffic survey report;

1. On-site photographs;

1. A report on the actual status of a host driver;

1. Report on the results of appraisal;

1. A report on investigation (around 31 of investigation records);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 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 Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes) shall be imposed on victims C with heavy criminal penalty;

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