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(영문) 수원지방법원 안산지원 2013.04.25 2013고정402
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

The defendant is a person who drives a Ray vehicle B.

1. On October 21, 2012, around 21:40, the Defendant: (a) divided the alcohol content into 0.165% of the blood alcohol content; (b) despite red conditions, the Defendant driven the said vehicle and proceeded straightly along the two-lanes in the direction of the original valley in the direction of the tax office located in Ansan-si.

In such a case, although a person engaged in driving of a motor vehicle has a duty of care to confirm the safety of the course by properly examining the front left left, and to accurately operate the steering direction and operation system, the part of the victim C (the 49-year-old and South)'s DNA driver's driver's license who has neglected to stop in the front direction due to the influence of the foregoing, which led the victim C(the 49-year-old and south)'s driver's license to the front part of the vehicle.

As a result, the Defendant sustained the injury of c, injured vehicle E (18 years old, female), and F (18 years old, male, and female) by negligence, while driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and neglecting the duty of care.

2. The Defendant driven the above vehicle at the temporary border under the above-mentioned paragraph (1) and driven a section of approximately one kilometer from the street of the members of the Ansan-si Police Association in front of the Kosan-si Hasan-dong's Gosan-dong Hasan-dong 666-1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. The circumstantial report on the driver and the report on detection of the driver;

1. A medical certificate;

1. Application of statutes on site photographs;

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 of the Road Traffic Act concerning the crime committed.

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