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(영문) 수원지방법원 성남지원 2013.06.10 2013고정811
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If a fine is not paid, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

On January 29, 2013, at around 00:50, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.14% 0.14%, was driving a Maz motor vehicle while normal driving is difficult, and the Defendant was driving the Maz motor vehicle in the direction of the Dongnam University at the room of the Dongnam-dong community service center.

At the time, the visibility has not been secured at night, and the person engaged in automobile driving has a duty of care to safely proceed with the central line.

Nevertheless, the Defendant neglected to do so and received the left side of the victim C(Nam, 40 years old) driving at the top of the Dong-dong community service center in the direction of the Seoul National University from the center of the Do-dong community service center in the opposite lane to the center in front of the right side of the vehicle of the Defendant.

As above, the Defendant, by negligence while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and neglecting his duty of care, sustained injury to the victim C, such as salt, tensions, etc. of the climatic tensions requiring approximately two weeks of medical treatment, injury to the victim E (ma, 30 years of age) of the said passenger of the vehicle, such as salt, tensions, etc. of the bones, which requires approximately two weeks of medical treatment, and injury to the victim F (ma, 27 years of age) such as salt, tensions, etc. of the bones, which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of each traffic accident;

1. A traffic accident report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an 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. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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