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(영문) 수원지방법원 성남지원 2016.09.22 2016고단1855
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On June 22, 2016, the Defendant violated the Road Traffic Act (drinking) at around 23:30 on the road in front of a mutual influent restaurant in the area of the branch of the city, Sungnam-si, G Do, which was under the influence of alcohol with approximately KRW 7km from the road in the same city, to the road in the city, Seopo-dong, Seopo-dong, Seopo-dong, Seopo-dong, Seopo-dong, Seopo-dong, 405-7, and 0.140% of alcohol concentration during blood.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) the Defendant driven the said car at the time and in accordance with three-lanes of the three-lanes, one of the three-lanes, namely, the road under the private ground as stated in paragraph 1, from the area of the room to the area of the Silung-dong.

In this case, the driver of a motor vehicle has a duty of care to live well on the right and the right and the right and the right and the right and the right and the right and duty of operation to prevent the accident by accurately manipulating the steering and the system of the motor vehicle.

Nevertheless, the Defendant neglected this and was driving while under the influence of 0.140% alcohol concentration in blood to the extent that the Defendant was in an inaccurate state of walking, and was under the influence of 0.140%, and was driving at the front bank of the Defendant at the victim C (In this case, 50 years old) who was under the influence of the Defendant at the front bank of the Defendant.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury such as salt, tension, etc. in need of approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. Traffic accident report, report on the circumstances of a driver driving, report on the results of crackdown on drinking driving, field map, photographs, diagnosis records, and black CDs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) 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;

1. Selection of penalty:

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