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(영문) 전주지방법원 군산지원 2015.04.01 2014고정514
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant is a driver of C body-man car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving).

On October 15, 2013, at around 14:55, the Defendant is driving the said vehicle in a state where it is difficult to drive the vehicle normally while under the influence of alcohol 0.197% with a blood alcohol concentration of 0.197% on the same side of the movable property and driving the front street in D in the next City of Busan, along two laness from the parallel of the movable property to the Geum River-dong.

The point of accident was caused by the accident.

In such a case, the driver of a motor vehicle has a duty of care to safely drive the motor vehicle by checking the front side and the left side of the motor vehicle in a two-lane direction at the same time.

Nevertheless, the Defendant neglected to do so and neglected to stop at the front time, and neglected to proceed as it was, and caused by negligence, the damaged vehicle FMF520, which was in the front time, and received a part above the front left part of the Defendant’s vehicle.

The Defendant sustained injury to the victim G (the age of 35) who was seated at the top of the damaged vehicle due to occupational negligence as above, such as salt, tensions, and tensions, which require two-day medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the above date, at the above place, driven C C C in a section of about one kilometer from the front of the Japanese hospital located in the Innsan-si in the Innsan-si to the front road located in D in the Hasan-si in the Hasan-si.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. 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 choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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