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(영문) 수원지방법원 성남지원 2016.05.13 2016고정115
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

1. On October 4, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by danger) is a person who is engaged in driving a BP motor vehicle, and on October 4, 2015, the same part of the previous part of the previous part of the previous part of the previous part, in a state where normal driving is impossible due to the running of a road in front of the new interest market of the Sinnam-si Special Metropolitan City, Sungnam-si Special Metropolitan City, the walking condition of which is remarkably inaccurate, the walking condition of which is very big, and the shock of snow, etc. (0.119% alcohol concentration in blood);

From the 5-distance direction, the parking took place at approximately 5 km/h speed in the same direction of the old new interest-based new interest-based street.

A person engaged in driving of a motor vehicle has a duty of care to avoid driving a motor vehicle in a situation that is difficult to drive a motor vehicle normally due to influence of drinking, etc.

Nevertheless, the Defendant neglected this and changed the lane to the right side of the vehicle that was driven by the victim C ( South, the age of 38) who was driving in a normal manner due to the negligence of changing and departing from the lane under the influence of alcohol (hereinafter referred to as the “victim C”) and the Defendant shocked into the front side of the vehicle that was driven by the victim C(the age of 38).

As a result, the victim suffered injury that needs to be treated for about two weeks due to multi-locks and straws.

2. Defendant 1 driven the BP car volume in the state of alcohol concentration of approximately 100 meters in approximately 00 meters from the street parking lot in front of the Sinsong-dong comprehensive market in Seongbuk-dong, Sungnam-si, Seoul, with the same time and time as the above A, to the same new interest distance.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A traffic accident investigation report and a traffic accident occurrence report;

1. A medical certificate;

1. Report on the circumstances of a driver making a drinking and notification of the results of regulating drinking driving;

1. Application of the statutes of the response request for appraisal;

1. Relevant legal provisions and Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning criminal facts and specific crimes committed by a person who is subject to the option of punishment.

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