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(영문) 수원지방법원 평택지원 2017.05.24 2017고정79
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

The defendant is a person who drives a car B.

1. On November 23, 2016, the Defendant driven the said vehicle in front of the “D shooting distance” in Pyeongtaek-si C by driving the said vehicle under the influence of drinking, such as 0.276% of alcohol content among the blood transfusion around 01:10, with red and smelling, and driving the vehicle at an insular speed, depending on one-lane of the two-lanes between the two-lanes at the ebbbbs of the ebbs.

In such cases, the driver has a duty of care to prevent accidents by accurately operating the steering gear and brake system of the vehicle before, after, and after, the direction of the vehicle.

Nevertheless, the Defendant was negligent in the course of business in breach of the duty to drive safety by neglecting the duty to drive safety by neglecting it. In order to run the said place into the solar apartment room on the front side of the victim E (54 years old, 54 years old, 10 days old) driving, the Defendant received even the upper left side of the F-hand side of the passenger car B in front of the right side of the car volume.

In the end, the Defendant caused the victim to suffer injury that requires three-day medical treatment, such as multi-dives, dives, coordinates, salt ties, damage, etc., due to the same accident.

2. The Defendant driven approximately 2 km B car from the front day of the “Song-si business trip site” located in Pyeongtaek-si Seo-dong, Pyeongtaek-dong, while under the influence of alcohol content of 0.276% during the day border, such as the statement in paragraph 1, to the front day of the “D Song-si” road located in Pyeongtaek-si C.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

1. A written appraisal of alcohol during blood;

1. Application of each statute on photographs;

1. Article 148-2 (2) 1 and Article 44 (1) of the Traffic Act concerning the facts constituting an offense, as prescribed by the relevant Act, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing death or injury to the driving of a motor vehicle);

1. Selection of each alternative fine for punishment;

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

1. The Criminal Act to attract a workhouse;

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