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(영문) 의정부지방법원 2014.11.20 2014고정2240
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives the K3 car volume.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said vehicle under the influence of alcohol concentration of 0.270% on June 15, 2014, while under the influence of alcohol concentration of 0.270% on blood, and led the two lanes of about 40km in speed at a speed of about 40km from the direction of the lucular distance towards the lucular distance.

In this case, a driver of a motor vehicle has a duty of care to properly see the front side and left side and left side, and to accurately operate the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting to do so, and the Defendant was sent to the front part of the foregoing vehicle and parked in the front part of the vehicle at the front, and received a part of the victim C(the age of 52) driving a DK7 vehicle back to the lower part.

The Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) at a time and at a time, driven the above K3 vehicle while under the influence of alcohol content of about about 500 meters from the street in front of the upper and the lower ridged area in Jung-gu Seoul Metropolitan Government to the above accident site.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. Application of a medical certificate, accident site photograph Act and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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