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(영문) 창원지방법원 2015.06.17 2015고정382
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving of a Poter Cargo Vehicle B.

1. On December 22, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving the said vehicle while driving it was difficult to drive due to the influence of drinking alcohol by 0.104% of blood alcohol concentration on the surface of December 13:10, 201, such as a little red, horse, and a little rain.

A driver of a motor vehicle shall accurately operate the steering system, brakes, and other devices of the motor vehicle, shall not drive the motor vehicle at such speed or in such a manner as to inflict any danger and injury on others, depending on the traffic conditions of the road and the structure and performance of the motor vehicle, and has the duty of care to prevent accidents by driving the motor vehicle in a safe manner.

Nevertheless, the Defendant was negligent in driving a vehicle in front of the Defendant’s vehicle after the victim C's while driving the vehicle in front of the Defendant’s vehicle due to negligence.

In this regard, the Defendant suffered injury to the victim, such as catum dynasium, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driven the said vehicle under the influence of alcohol concentration of about 1.5 km from the front road in front of the 611-1, Kim Jong-dong at the same time and at the same time to the point of departure.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. The injury resulting from dangerous driving under the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and the choice of punishment.

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