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(영문) 의정부지방법원 고양지원 2014.04.02 2014고정176
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person driving a low-speed car as his duties.

On July 24, 2013, at around 21:50, the Defendant driven the above vehicle while under the influence of alcohol of 0.179% with a blood alcohol concentration of 0.179%, and changed its course from the 2-lane to the 3-lane in the direction of 000 square meters from the 000-dong, Mangsan-si.

At all times, drivers have a duty of care to safely drive a motor vehicle in a clear mind and prevent accidents in advance.

Nevertheless, the Defendant neglected this and went through a sudden change in the course in which normal driving is difficult due to influence of drinking, and the part which was behind the left side of the vehicle of the victim C(31 years of age) who was waiting for signal at the three-lanes in the front direction, conflicts with the front right side of the above vehicle.

After all, the Defendant suffered injury to the victim E (the 30 years of age, women) who participated in the passenger car with the victim C due to the above occupational negligence, by each of the three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A survey report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, an accident site, and vehicle photograph;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Application of Acts and subordinate statutes of a medical certificate (C) and a medical certificate (E);

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the criminal facts as prescribed in the corresponding Act; and

1. Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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