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(영문) 수원지방법원 2018.02.08 2017고단7812
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a KS7 car.

On October 27, 2017, the Defendant driven a K7 car with alcohol content of 0.237% while under the influence of alcohol during blood at around 00:02, and changed the four-lanes of the national highways No. 501, No. 7, U.S. from the parallel to the parallel of lanes from the parallel to the parallel of lanes.

At the time of night, the victim C(41) driver's k5 driver's k5 driver's vehicle is running in two lanes, so there was a duty of care to inform the driver of the vehicle of the direction change in advance and to accurately manipulate the steering direction and the operation system and prevent the accident in advance by accurately manipulating the steering direction and the operation system.

Nevertheless, under the foregoing, the Defendant was negligent in changing the lane as it is while neglecting it, and the part on the right side of the Defendant’s driving of the k5-car was received as the front part of the k7-car.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury such as light fluoral salt, etc. which requires approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Inquiries about the results of crackdown on driving alcohol;

1. Traffic accident report (1) - The actual survey report, photograph;

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

1. Article 148-2 (2) 1 and Article 44 (1) of the Traffic Act concerning facts constituting an offense, as prescribed by the relevant Act, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing harm to the driving of a dangerous motor vehicle);

1. Selection of each alternative fine for punishment;

1. The aggravated punishment of concurrent crimes is one of the following: (a) the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment of concurrent crimes to the extent that the sum of the maximum amount of the above two crimes as stated in the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, is added).

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