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(영문) 수원지방법원 2014.12.24 2014고단6414
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. From September 24, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (hereinafter referred to as “Dangerous”) driven a motor vehicle with low alcohol level of 0.160% under the influence of alcohol while driving a motor vehicle with low alcohol level of 0.160% in the city of the west-do.

At all times, the driver has a duty of care to thoroughly operate the front city and to safely operate it on a possible driving lane, as a control unit for the driver is installed in the front line on the closed lane.

Nevertheless, the Defendant neglected this and failed to give a full-time room under the influence of alcohol, and got off the above control room installed on a closed lane due to the negligence of driving a stroke, with the front part of the Defendant’s driver’s vehicle, and was on duty in the control room, the victim C (n, 48 years old) who was getting out of the control room.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and caused the victim to suffer bodily injury, such as dump salt, which requires treatment for about two weeks.

2. On the date and time set forth in paragraph 1, the Defendant was driving a motor vehicle with the b covered in Paragraph 1, while under the influence of alcohol content of about 0.160% at the section of about 10km from the road before the front of the 10km-si in front of the front of the 10km-si in the front of the ICJ in the front of the 10km-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written statement;

1. A report on the actual status of a host driver;

1. Notification of the control of drinking driving;

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

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

1. Selection of penalty;

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