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(영문) 수원지방법원 안산지원 2014.12.18 2014고정1722
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

Punishment of the crime

1. On September 20, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driving a BAWn X-D car under the influence of alcohol by 0.170% of blood alcohol concentration on September 20, 2014, and driving the BAWn x-D car at a speed below the speed of the Si-high speed depending on one lane in front of the one-way road in front of the one-way zone in front of the one-way city in the lusular road at the Yan-dong.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to confirm the safety of course by properly examining the pre-way left of way and to accurately manipulate the steering direction and brakes so as to prevent accidents from occurring.

Nevertheless, the Defendant neglected to drive in a state where normal driving is difficult due to the above influence of drinking, and proceeded as is, due to the negligence of the Defendant’s failure to do so, committed the part of the victim C (Nam, 41 years old) who stops in the signal atmosphere at the bend, with the part of the Defendant’s vehicle flow in front of the passenger vehicle volume.

Ultimately, the Defendant suffered injury to the victim C, such as salt, tension, etc. in need of approximately three weeks of treatment by occupational negligence as above.

2. The Defendant violated the Road Traffic Act (driving) driving of the e-mail X-free car from the luminous Lighting distance in the luminous-dong to the point of the accident from approximately 1km to the point of the above accident while under the influence of alcohol with the blood alcohol concentration of 0.170% as stated in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. A survey report on actual condition, a scene of accident, and a photograph of an accident vehicle;

1. Notification of the control results of drinking driving and the circumstantial report of drinking drivers;

1. Application of Acts and subordinate statutes of the general medical certificate;

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. The Criminal Act among concurrent crimes.

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