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(영문) 수원지방법원 2015.11.11 2015고단4319
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in a SP area B.

On July 11, 2015, the Defendant driven the above vehicle at a speed of 01:40, and changed the lane of D in front of the road in a emulious City of 0.107% of the blood alcohol concentration from the emuliation surface to the water source of the emuliation surface, while driving the vehicle at a speed of about 30 km per hour depending on the two lanes of speed from the emuliation surface.

In such a case, a person engaged in driving service notified the direction change to the direction direction, etc. in advance, and had a duty of care to change the lane safely by taking into account the traffic conditions of the front and rear left side, but neglected to do so, and instead neglected to change the lane to the right-hand three-lanes, and thereby, received the part of the fenced in front of the right-hand side of the Defendant vehicle, following the left-hand side of the victim E(E, 59 years old) driving in normal driving on the three-lane.

As a result, the Defendant suffered, by negligence, injury to the above victim, such as light dynasium, tensions, etc. in need of treatment for about 2 weeks at the time when it is difficult to drive normally due to inaculous and salivous shocks, etc., such as inaculous and tensions, and injury to the victim G (ma 34 years old), who is the passenger of the above damaged vehicle, requiring treatment for about 10 days, and injury such as salt dynasium, tensions, etc. in need of treatment for about 2 weeks at the same victim H (the age of 33).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A H statement;

1. A traffic accident report (1) (1)

1. Reports on the state of the state of the driving of a motor vehicle and reports on the control of drinking driving;

1. Each written diagnosis;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime by applicable law;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Recognizing and reflecting each selective fine of punishment.

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