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(영문) 수원지방법원 여주지원 2015.08.25 2015고정185
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of three 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 BM5 car.

On October 205, 2015, the Defendant was driving at around 20 23:55 on the part of the victim C (in women, 37 years of age) and driving on the said vehicle while under the influence of 0.147%, while driving the said vehicle at around 0.147%, the 3rd apartment distance in the Ami-Eup in Yacheon-si was under the influence of EK from EK clinic to the non-speed.

At the time, there was a night and there was a three-distance intersection in which signal lights are installed, so all drivers of vehicles have a duty of care to safely drive by ascertaining the progress of the vehicle in the intersection signal and the front side.

Nevertheless, while under the influence of alcohol, a driver was under the influence of alcohol and was under the influence of the victim D (Woo 45 years old) driving of the victim D (Woo 45 years old) who was under the influence of the signal, and the part of the driver was under the influence of the defendant's driving.

Ultimately, the Defendant, as seen above, was driving in a state where normal driving is difficult due to influence of drinking, and the Defendant suffered injury to the victim C, who is traveling on the vehicle that the Defendant is driving, such as a ductal of a duct for about four weeks.

B. At the same time, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.147% at a distance of about 600 meters from the 600 meters off the claim apartment distance of the same Ri located in the East-si Ari-si, Ebritha, Ebritha, Ebritha (A) at the time set forth in the former paragraph (A).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Statement made to D by the police;

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

1. Accident site and vehicle photographs;

1. A report on detection of a host driver (A);

1. A report on the state of the operation of a motor vehicle on the market;

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

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (a point of sound driving) concerning facts constituting a crime, the choice of punishment, and the choice of punishment;

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