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(영문) 수원지방법원 안양지원 2014.08.12 2014고정625
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

1. On December 1, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol 0.144% with a blood alcohol concentration around 18:50 on December 1, 2013, while driving B rocketing and other vehicles with a view to flying off roads in front of the crum apartment, which are in front of the flying-gu spath of the flying distance, and driving the spathn in front of the c

However, since there is a field of full-time internship, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering and brakes and accurately.

Nevertheless, the Defendant neglected to perform the above duty of care and neglected to stop at the five-lane bus stops in the five-lane bus stops, and received a half of the left-hand side of the victim C(the age of 42) driving as the front-hand part of the Defendant’s driving vehicle.

Ultimately, the Defendant neglected to perform the above duty of care in a situation where normal driving is difficult due to influence of drinking, and driving the said car, and the Defendant suffered a fright-free treatment for about four weeks from the victim E (the age of 54) who was on the Defendant’s driver’s vehicle.

2. Around 18:50 on December 1, 2013, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol content of 0.14% from the 6km section to the point of accident as set forth in paragraph (1) on which it is difficult to find out the trade name in the Snyang-gu Park-dong Park at Ansan-si, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement in C and E;

1. A traffic accident report (1) (2);

1. Report on the results of the control of drinking driving, and report on the circumstantial statement of a drinking driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs and photographic data of accident vehicles;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2(2)2 and 44(1) of the Road Traffic Act, the Act on the Aggravated Punishment, etc. of Specific Crimes.

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