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(영문) 수원지방법원 안산지원 2012.04.26 2012고정358
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a vehicle B.

1. Around 17:20 on November 8, 201, while under the influence of alcohol, the said vehicle was driven by 0.207% of the blood alcohol concentration, and the said vehicle was driven by the king-Dong-dong Igrari-dong Igam for the purpose of coming to the inside and outside of the king-dong Igrag-si.

In this case, a person engaged in driving of a motor vehicle has a duty of care to properly see the front side and the left side and the left side and to accurately operate the steering and brake system.

Nevertheless, due to negligence of neglecting it under the influence of alcohol, the part on the right-hand part of the vehicle driven by the Defendant was followed by the left-hand part of the victim C driving vehicle, which was proceeding one-lane in the same direction.

As a result, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, was negligent in neglecting his duty of care as a motor vehicle driver, resulting in the Defendant’s injury to C such as catum salt and tension for about two weeks.

2. The Defendant driven the said vehicle while under the influence of alcohol concentration of approximately 15 KK from the loan limit from Ansan-si in the above temporary border to the Sinsan-si Yang-si, Sinsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement to C by the police;

1. A traffic accident report (1), (2);

1. Report on request for appraisal (not more than 59 pages of the record), and report on the performance of a driver, an employer, and an employer (record No. 66 pages of the record);

1. On-site and vehicle photographs;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 148-2 subparagraph 1 of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201) and Articles 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Selection of a fine for each crime

1. Of concurrent crimes, the maximum amount of the crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall be the scope;

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