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(영문) 의정부지방법원 고양지원 2013.05.16 2013고정389
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

피고인은 2012. 8. 20. 00:10경 혈중알콜농도 0.137%의 술에 취한 상태로 B K7 승용차를 운전하여 고양시 덕양구 대자동 824에 있는 벧엘교회 앞 편도 1차로 도로를 관산동 쪽에서 고양동 쪽으로 진행하게 되었다.

Since there is an overspeed prevention threshold in front of the direction, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle after checking the course side well and checking the safety of course.

Nevertheless, the Defendant, under the influence of alcohol, neglected to perform his duty at the front time in a state where it is difficult to drive normally due to the influence of alcohol, and found it late after the victim C (Nam, 48 years old) driven ahead of the same direction, and did not avoid it, and received the above part of the vehicle behind the above K7th vehicle.

Ultimately, the Defendant, by its occupational negligence, suffered injury to the above victim E (V) who was on board the Haststa car, such as salt, tension, tension, chlostal salt and tension, the right-hand spons, etc., on the part of the victim E (V) who was on board the above Hasta car, for about two weeks of medical treatment, such as salt, tension, chlostal salt, tension, chlostal tension, and so on, on the part of the victim F (V, 54 years of age) who was on board the Hasta car, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. A report on detection of a host driver;

1. C’s statement;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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