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(영문) 수원지방법원 성남지원 2016.07.22 2016고정111
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On September 11, 2015, the Defendant driven a e-Korean cruise vehicle under the influence of alcohol by 0.11% of alcohol content in blood, from the influent land (hereinafter referred to as the “Mancheon-dong”) to the influent 16k-ro, Sungnam-si, Sinnam-si, Sinnam-si, to the 16-Seoul Airport (Seoul Airport).

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Notification of the results of regulating driving of alcohol and application of Acts and subordinate statutes of a report on the circumstances of drivers;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act [the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by war)];

1. The summary of this part of the charges is as follows: (a) the person engaged in the business of driving Defendant E-Korean cruise vehicle; (b) on September 11, 2015, under the influence of alcohol content 0.111% during blood transfusion on Sep. 21, 2015, the two-lanes of the instant vehicle was changed into three-lanes in the middle of the 16-lane in the erode of the eropo-gu Seoul Airport at Sungnam-nam-si, by driving the said vehicle, while driving the said vehicle in an irregular state, the four-lanes of the two-lanes in the direction of the erost distance from the remote distance.

In such cases, a person engaged in ordinary driving has a duty of care to inform the direction of direction, etc. in advance, and to change a lane safely by keeping the traffic situation at the right and right well before and after.

Nevertheless, the Defendant neglected this and thereby contacted the front side of the vehicle from the side of the vehicle being driven by the victim G (44) which was in the top of the three-lanes on the left side by the negligence of changing the three-lanes into the two-lanes of the vehicle being driven by the Defendant, and due to this shock, the Defendant contacted the front side of the vehicle being driven by the victim F (30 years) of the victim where the vehicle was in the second-lanes of the two-lanes of the vehicle to the two-lanes of the vehicle.

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