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(영문) 수원지방법원 평택지원 2014.04.02 2014고정68
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

The defendant is a person who drives the Category B spectrum car.

1. On September 3, 2012, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents, while under the influence of alcohol 0.14% by blood alcohol level, is driving ahead of the Han Gyeong Gyeong-gi, which is at the safe speed of Ansan-si around 19:30 on September 3, 2012.

It was under the left turn to the Geumsan apartment.

In the accident place, the accident place is a private road crossing, and the signal, etc. is operated, and the defendant has a duty to prevent the accident by making the complete stop in accordance with the direction of the signal, but he has a duty to prevent the accident in the smoke, but he has a duty to neglect and stop the front-distance.

In the same room, prior to the operation.

There was an accident that sees the front part of the defendant's vehicle after the Do-Woon-Wood passenger vehicle in the signal atmosphere to the front part of the vehicle.

As a result, the Defendant suffered from the c and the same passenger E, who is the driver of the damaged vehicle, for two weeks of medical treatment.

2. A violation of the Road Traffic Act (driving) is to drive a Category B motor vehicle under the influence of alcohol of about 1 km from the front of the pentin apartment road located in the Masan-dong in Ansan-si to the front of the Han River located in the same Sinsan-dong in the same Sinsan-dong as the place of accident, in the condition of alcohol concentration of about 0.14%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Requests for appraisal of blood alcohol concentration, table and on-site photographs;

1. Application of each written diagnosis (C and E) 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. The former part of Article 37 of the Criminal Code among concurrent crimes.

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