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(영문) 수원지방법원 2014.11.20 2014고정2707
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 a BM3 car.

At around 23:50 on July 11, 2014, the Defendant was under the influence of alcohol so that it is difficult to drive the said vehicle normally, but the Defendant was driving the said vehicle at a speed of about 30 km per hour in the direction of the playground distance in the direction of the stadium distance from the direction of the stadium distance.

At all times, there was a duty of care to safely drive in accordance with the signals by reducing speed and by properly examining the right and the right of the person engaged in driving along a street crossing with a signal, etc.

Nevertheless, the Defendant neglected this and caused the collision of the part of the victim C (the 53 years old) in front of the chief of the driving vehicle and the subsequent parts of the vehicle in front of the victim C (the 53 years old) who was normally straighted in the straight line in the direction of the direction of the traffic patrol box in the direction of the direction of the direction of the traffic patrol box by negligence of violating the signal.

As a result, the Defendant suffered from an injury to a shoulder or a arms that requires approximately two weeks of medical treatment by negligence in the course of the above business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. A traffic accident report, a report on detection of a drinking driver, an inquiry into the results of the control of drinking driving, and a report on the actual state of drinking driving;

1. Application of Acts and subordinate statutes to a traffic accident site and an accident vehicle photograph, and to photograph booms video booms;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the defendant.

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