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(영문) 수원지방법원 성남지원 2013.05.10 2013고단553
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a Bran XG car.

On February 24, 2013, the Defendant was under the influence of alcohol of 0.216% of blood alcohol level around 00:10, the Defendant driven the said car, leading to a four-lane road in front of the Macheon-dong, Sungnam-dong, Gacheon-dong, Sungnam-dong, Incheon-do, to drive the said car at a speed of about 50 km per hour according to the speed of 50 km from the boundary of the Seoul University.

At the time, it is night and its location is where the center line of double yellow solid lines is installed. In such a case, a person engaged in driving a motor vehicle has a duty of care to ensure that the person engaged in driving a motor vehicle has a clear mind, to live well on the right side of the center line, and to prevent accidents from occurring on the right side of the center line.

Nevertheless, the Defendant neglected to do so, and she was negligent in driving the center line under the influence of alcohol, such as being red, tight, and not having walked properly, which led to the failure of the Defendant to walk the front part of the victim C(52 years old) driver's her vehicle in front of the Defendant's vehicle in front of the vehicle.

As a result, the defendant driving a motor vehicle under the influence of alcohol that is difficult to drive normally, and suffered injury to the victim E (the 24 years old) by driving the motor vehicle, such as the left slick slick slick slick slick slick slick slick slick slick slick slick slick slicks

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A written statement of C and E;

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, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

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

1. The degree of injury to each selective fine of punishment is not significant;

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