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(영문) 의정부지방법원 2015.01.08 2014고정2503
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

A. The Defendant is engaged in driving Category B Dam Cargo Vehicles (Death and Injury resulting from Dangerous Driving) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On August 1, 2014, around 18:15, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.204% by driving the said vehicle under the influence of “D” in front of “D” located in Yangju-si, Yangju-si, and proceeded at a speed of the speed of the speed unsatisf.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well and accurately manipulating the steering gear, brakes, etc.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting this, tried to see the part of the Defendant’s vehicle back to the front part of the Defendant’s vehicle by the victim E (the 32 years old, female).

As a result, the Defendant suffered, by negligence in the course of performing his duties, the injury of the fluoral finites that require stability for about two weeks to the victim E and Dongman G (the 36-year old age, the 2-year old age, the h (the 3-year old, the 4-year old, the 4-year old, and the n).

B. Around August 18:15, 2014, the Defendant driven a Category B Dam Cargo Vehicle while under the influence of alcohol of about 0.204% of the blood alcohol concentration from a section of about 1 km from the front side of the front side of the Dog-si located in Yang-si to the front side of the “D” road located in C. On August 1, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to the traffic accident report, traffic accident report, accident occurrence report, circumstantial report on the drinking driver, report on detection of the drinking driver, and medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime(s) and the Road Traffic Act(s).

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