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(영문) 의정부지방법원 고양지원 2016.04.15 2016고단243
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

Punishment of the crime

1. On September 6, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driving a DNA cargo vehicle as his/her duties at a full flow of 0.182% of alcohol level in the front of the trading complex of the middle and high-speed vehicle C located in the Seo-gu, Busan Metropolitan City, Seo-gu, Seoyang-gu. In order to drive a DNA cargo vehicle as his/her duties at a speed of 0.182% in the direction of the local lower limit of the 3-lane between the two-lanes.

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 brakes.

Nevertheless, due to the negligence of the defendant's driving in the same direction, the victim E (31 knife, knife) driving in the same direction was followed by the driver in front of the defendant's vehicle.

Therefore, the defendant suffered injury that requires approximately two weeks of medical treatment due to the climatic salt, tension, etc. by the victim.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a distance of about 7 km from the vice head of Sinsan-dong Dong-gu, Seoyang-si, the first permanent residence in Sinsan-gu, Seoyang-si, under the influence of alcohol level of 0.182% during the day-to-day alcohol level as stated in paragraph 1. to the front day of the middle class trading complex of the CJ in Seosan-gu, Seosan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report, a report on the circumstances of the driver in charge, a response to a request for appraisal, or a report on the detection of the driver in charge of the primary activity (the result of collection of blood);

1. A medical certificate;

1. Application of accident scene and vehicle photographs-related Acts and subordinate statutes;

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

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (within the scope of the sum of the maximum amounts of each crime) of the Criminal Act to increase concurrent crimes [the extent of the sum thereof]

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