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(영문) 수원지방법원 평택지원 2014.04.16 2014고단240
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a B-D car.

On January 25, 2014, at around 20:20, the Defendant, while under the influence of alcohol at 0.154% of blood alcohol level, was driven by the Defendant’s one-lane road in front of Pyeongtaek-si Dol CU convenience store on the surface of Pyeongtaek-si.

Since there are many parked vehicles, the driver has a duty of care to safely conduct by checking the front left left-down of the driver.

Nevertheless, the Defendant, under the influence of alcohol, neglected to perform this, caused the victim C(54 years of age) and E(58 years of age) who was on board the damaged vehicle by shocking the part on the right side of the Defendant’s vehicle, which was parked on the right side of the D Truck owned by C, which was parked on the road as it was, and thereby, caused the victim E(58 years of age) to suffer multiple scambling scams, etc.

2. Around 20:20 on January 25, 2014, the Defendant driven a B-D car under the influence of alcohol concentration of about 0.154% in the section of about 8km from the “spat source” page in the middle-to-Eup inside of Pyeongtaek-si to the front day of the night-to-si cU convenience, in a manner under the influence of alcohol concentration of about 0.154%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Requests for appraisal of blood alcohol concentration;

1. Application of each written diagnosis (E, C) statute;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 3 (1) and the proviso to Article 3 (2) 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually among the violations of the Act on Special Cases concerning the Settlement of Traffic Accidents);

1. Selection of each alternative fine for punishment;

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

1. The Criminal Act for the detention of a workhouse;

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