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(영문) 수원지방법원 2014.11.27 2014고정2911
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a vehicle with B high-speed car.

On May 26, 2014, the Defendant: (a) around 19:30 on May 26, 2014, while under the influence of alcohol 0.235% (blood) with alcohol content, the Defendant driven the above vehicle while having difficulty in driving normally, such as a molding distance; (b) while driving the said vehicle at a time where it is difficult to drive the vehicle, the direction toward the direction of the running side on the side of the substitute, and proceeded at a speed of two lanes.

In such cases, a person engaged in driving service has a duty of care to safely drive by accurately operating the steering gear and steering gear.

Nevertheless, due to negligence in driving a vehicle while normal driving is difficult due to negligence while under the influence of alcohol, the part behind the vehicle for the passenger of the victim C (V) who stops in the signal atmosphere prior to the collision was driven by the front part of the vehicle operated by the Defendant.

Ultimately, the Defendant suffered injury to the victim, such as dynaf, of the bones of neck, requiring medical treatment for about two weeks by negligence in the above occupational negligence.

B. Violation of the Road Traffic Act (driving) the Defendant driven the said vehicle under the influence of alcohol by 0.235% (blood) with a section of about 1 kilometer from a road where it is impossible to find out whether the said part of the vehicle was located in the above temporary Osan-si substitute to the place of the accident.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A written report from an employee of an employer;

1. Making a report on the control of drinking driving;

1. Requests for appraisal;

1. Statement of the police statement regarding C;

1. On-site and vehicle photographs;

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

1. The provision of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and the provision of Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act.

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