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(영문) 수원지방법원 평택지원 2016.06.16 2016고단242
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person driving a wing and cargo vehicle B.

On February 12, 2016, the Defendant driven the above cargo while under the influence of alcohol 0.179% during blood transfusion at around 21:35, while driving the said cargo at a level of 0.179%, and straighting the intersection of the west-to-door IC street on the Western Highway located in the Eup/Myeon of Pyeongtaek-si at the drainage pumps, from the drainage pumps to the intersection of the west-to-west IC street, the Defendant was in the front part of the said cargo vehicle, due to the negligence of neglecting the front city under the influence of alcohol and failing to properly operate the steering direction and brakes, the Defendant was in the front part of the victim C (25 years old) at the speed of the said cargo vehicle.

As a result, the Defendant, while driving a motor vehicle under the influence of alcohol that is difficult to drive normally, suffered injury such as the left-hand knee salt knee, tension, etc. which requires approximately two weeks medical treatment.

2. A violation of the Road Traffic Act (drinking) was driven by the Defendant while under the influence of alcohol at approximately 0.179% of alcohol concentration in blood at the 3km section from the road near the Snyeong-si Postation to the place where the said accident occurred on the day, which is identical to paragraph (1) of this Article.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The application of Acts and subordinate statutes, such as a survey report on actual condition, a traffic accident report and field photograph, a circumstantial report on the driver of the main driving, a notice of the results of drinking control, and a

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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