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(영문) 수원지방법원 안산지원 2015.04.29 2015고정474
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Criminal facts

1. At around 02:30 on December 24, 2014, the Defendant driven a motor vehicle with 0.183% of alcohol alcohol, with a view to having difficulty in driving normally while under the influence of alcohol, such as a snick and a snick distance, and led the Defendant to drive a motor vehicle with two hackspher, which is difficult to drive normally, at a speed of 30-40 km per hour, depending on one-lane between the two-lanes of the city in the city of Heak-dong Sinsan-dong City, Sinsan-si, the shooting distance in the city of Sinsan-do, at the location of the apartment park.

In this case, there was a duty to prevent accidents by accurately operating the steering direction and brakes well, and by accurately manipulating the steering direction and brakes.

Nevertheless, the victim C, who stopped the signal atmosphere before the direction of the collision due to negligence while neglecting this, was driven by the victim C, and the part behind the D Albamer vehicle driven by the victim C, was received as the front part of the vehicle.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, was negligent in neglecting the duty of care as a driver of the motor vehicle, caused the injury to C, such as catum salt, etc. requiring approximately two weeks of medical treatment, and suffered injury to E, such as catum salt, tension, etc. requiring approximately two weeks of medical treatment, and suffered injury to F, such as catum salt and tension.

2. The Defendant was driving a motor vehicle with the blood alcohol concentration of at least 0.183% under the influence of alcohol in the section of about 2 km from the temporary border of the time set forth in paragraph 1 to the vicinity of the same Sinsidong Sin-dong Sinsan Tourist Hotel to the shooting distance in the same Sinsi-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Place where drinking alcohol is measured and output;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Selection of penalty:

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