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(영문) 수원지방법원 성남지원 2013.05.02 2013고정348
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a three-dimensional car.

1. Around October 14, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car by driving it to turn to the left from the direction of Gwangju City viewing through the intersection of the penalty driving distance in the carbon-driving Dong in Gwangju City, while normal driving is difficult under the influence of alcohol level 0.183% due to the influence of alcohol level around 01:50,000.

Since there is a private road crossing where signal lights are installed, there was a duty of care to safely proceed along the guiding line inside the intersection according to the signals.

Nevertheless, when the defendant neglected to turn to the left due to the gross negligence in violation of the signal, the defendant's failure to turn to the left at the direction of the Mapo Public Health Center, and the victim D (the 27-year-old driver), who moved to the right side of the driver's vehicle, conflict with the victim's vehicle's top top in front of the right side of the defendant's vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim D, such as salt panions requiring approximately two weeks of medical treatment, and the injury to the victim FF (28 years of age) who was on board the said low-est car, such as salt panions requiring medical treatment for about two weeks.

2. The Defendant, like paragraph 1, driven a 200-meter driver’s license by driving a lux car adjacent to the Ganpo-dong of Gwangju metropolitan construction to the point of the said accident while under the influence of alcohol of 0.183% of blood alcohol level.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Application of Acts and subordinate statutes as a report on detection of a driver, a report on whether to drive any danger, and a survey report on actual condition;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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