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(영문) 전주지방법원 2015.05.12 2015고정202
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant shall be punished by a fine of KRW 4,000,000. If the defendant does not pay the above fine, this shall not apply.

Reasons

Punishment of the crime

The defendant is a person who drives a rocketing car.

1. On November 23, 2014, at around 22:35, the Defendant driven the said vehicle at a volume of about 1 km from the front day of the mutual influence road in the Seongdong-gu Seoul Metropolitan Autonomous City to the front day of the D funeral hall located in the same Gu C, while under the influence of alcohol by 0.167%.

2. The Defendant, like the foregoing paragraph 1, proceeded along with a two-lane road in front of the D funeral hall in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City, according to the direction of transmission in the slope of the vehicle registration office, while under the influence of alcohol concentration of 0.167%, it is difficult to drive normally.

A person engaged in driving a motor vehicle has a duty of care to live well on the front side and the left side, and to accurately operate the steering and brakes.

Nevertheless, the Defendant neglected to drive a vehicle while driving the vehicle due to negligence and did not discover a taxi vehicle that is driven by a victim E (ma, 64 years old) while driving the vehicle and received the vehicle back to the front part of the rocketing car.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim E the injury of brain-dead sugar, etc. requiring two weeks of treatment, and the injury of brain-dead sugar, etc. requiring two weeks of treatment to the victim G (V, 59 years of age), respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Reports on traffic accidents, photographs, and reports on the occurrence of traffic accidents;

1. A report on detection of the driver, a report on the circumstances of the driver, and a report on whether he/she will drive any danger;

1. Application of statutes to copies of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of each alternative fine for punishment;

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