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(영문) 수원지방법원 2016.07.13 2016고단1562
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who drives a M&A car as his/her duty in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On December 27, 2015, the Defendant driven the above vehicle at around 03:20 on December 27, 2015, and brought the two-lane roads above the bottled underground vehicular road located in the Jinan-dong in the Jin-si, with alcohol concentration of 0.103% in blood and thus making it difficult for the Defendant to drive the vehicle normally due to the influence of alcohol due to the influence of alcohol, at the upstream of the Suwon-si, at the speed of Oin-si.

In this case, the defendant has a duty of care to properly see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right

Nevertheless, the defendant's negligence of driving the vehicle by neglecting it, caused the wall upper upper upper to the underground roadways installed on the front side of the defendant person's vehicle by the negligence, and caused the vehicle of the defendant person by the front part of the driver's seat.

Ultimately, the Defendant caused the Defendant’s injury, such as salt, tension, etc., to the victim C (V, 20 years of age) of the same passenger by occupational negligence, in need of a daily injury treatment.

2. On the same date and time as Paragraph 1, the Defendant driving a Category B M-car in the condition of alcohol content 0.103% in the blood alcohol concentration from the front of the enterprise bank sick point in the Jinsung-dong (hereinafter referred to as the “Linsung”) to the underground lane of the same hospital in the e-mail-dong sick point to the above road.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on actual conditions;

1. A report on the detection of a driver at the main place and a statement on the circumstances of the driving at the main place;

1. Application of Acts and subordinate statutes governing certificates of medical treatment;

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 of the Criminal Code of Aggravation of Concurrent Crimes.

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