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(영문) 수원지방법원 평택지원 2014.07.25 2014고정307
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, 50,000 won.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in the business of driving Category B Rano to a Korean in the Republic of China in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On October 23, 2011, the Defendant, at around 20:50, tried to drive a two-lane way in front of the Dju station in Pyeongtaek-si C, which is difficult to drive normally due to the alcohol of 0.250% of blood alcohol level, along the two-lanes from the sco apartment bank from the sco apartment bank, and tried to turn to the right side of the signal light at the intersection.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents bypassing the lane safely.

Nevertheless, the Defendant shocked to the front part of the driver's vehicle of the Defendant, which was driven by the victim E (the 62 years old, south) who was in the atmosphere of the traffic signal by negligence going beyond the center line of the yellow solid line.

As a result, the Defendant driven a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to the influence of drinking, and suffered from a scarcity in which it is necessary to treat the victim for about two weeks.

2. Around 20:50 on October 23, 201, the Defendant driven a Brano-car under the influence of alcohol with a blood alcohol concentration of 0.250% at the section of approximately 2 km from the main station in the trade name of Pyeongtaek-si, Pyeongtaek-si to the front of the oil station in Pyeongtaek-si C.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. The actual condition survey report;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving), Articles 148-2 (2) 1 and 44 (1) (the point of driving) of the Road Traffic Act concerning the crime;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse;

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