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(영문) 수원지방법원 안산지원 2015.09.25 2015고단2206
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

On June 12, 2015, the Defendant, at around 20:30, is under the influence of 1133-lane roads for a remote-ro apartment, 0.183% alcohol concentration in blood, and is running approximately 30-40 km in the speed of the pharmacy in the vicinity of the remote distance of the opening of the duct in which it is difficult for the Defendant to drive normally as he is in a state of being under the influence of 0.183% of alcohol concentration in blood.

A lane has been changed into one lane.

If a lane is changed during the process, the driver of the motor vehicle had a duty of care to change the vehicle line by operating direction direction, etc. to give prior notice of change of course and taking into account the traffic situation of the front and rear left.

Nevertheless, the Defendant neglected this and neglected it and caused the victim C (SP) driver C (SP) driver who was in the middle of the maur-car due to the negligence of changing the course of the vehicle in a sudden course, and caused the driver to shock the left-hand part of the Dour-Wur-Wur-Wur-Wur-Wur-Wur-Wur-Wur-C.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A traffic accident report;

1. The output of the measurement of drinking alcohol, the report on the detection of drinking drivers, and the report on the circumstantial statement of drinking driving;

1. A medical certificate;

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

1. 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 choice of fines for the crime;

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. The order of provisional payment;

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