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(영문) 수원지방법원 평택지원 2014.11.12 2014고단229
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car by borrowing B.

At around 00:30 on November 16, 2013, the Defendant, while under the influence of alcohol of 00:0,000 on blood alcohol level, 0.149%, was driving in the direction of Pyeongtaek-si Police Station from the boundary of the Pyeongtaek-si Hospital, one-lane of the two-lane distance ahead of the Pyeongtaek-si-dong in Pyeongtaek-si.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well and accurately manipulating the steering gear, etc.

Nevertheless, while under the influence of alcohol, the Defendant neglected to stop the front line and took a right-hand line to the direction of the police box while making a right-hand line in the direction of the police box, the Defendant’s right-hand side of the DK5 car driven by the victim C driving in the direction of the Pyeongtaek Police Station from the boundary of the Madreing Hospital to the second-lane in the direction of the Pyeongtaek Police Station.

As a result, the Defendant suffered injury to the driver of the victimized vehicle C by negligence in the course of performing his duties, such as salt satis, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on detection of a host driver;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

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

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act applicable to the crime, Article 3 (1) and (2) (proviso) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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