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(영문) 수원지방법원 안산지원 2016.03.18 2015고단3787
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Criminal facts

1. On September 19, 2015, the Defendant violated the Road Traffic Act (divated driving) driving BM3 automobiles while under the influence of alcohol of about 0.203% of alcohol content in the 70-meter radius from the 1679 Amar-dong 1679 Amar-dong, Sinsan-si, a member of Ansan-si to the 1509 Anmar-dong 1509 Sinsan-si, Sinsan-si to the intersection of the private street.

2. Around September 19, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven a BM3 car while under the influence of alcohol and proceeded with the BM3 car in the vicinity of the BM3 car at the time of Ansan-si, 1509 Sinsan-si, Nowon-gu, 1509, a private street intersection from the boundary of the new elementary school to the private street intersection of 2.

At the time, there is a pedestrian crossing in which signals, etc. are installed at night and at that time, so in such cases, the person engaged in the driving of the motor vehicle has the duty of care to check whether there is a person who gets on the way to reduce the speed and to see the right and the right and the right of the motor vehicle, and to drive the motor vehicle safely

Nevertheless, the Defendant neglected this and got the victim C, who was standing a road along the crosswalk from the left side of the running direction of the defendant, due to the negligence of the defendant in violation of the signal, in front of the passenger car of the defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime, and the selection of fines;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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