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(영문) 수원지방법원 안산지원 2015.02.13 2015고정155
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

Criminal facts

1. Around 11:25 September 29, 2014, the Defendant was driving at the section of approximately KRW 500 meters of the c string of the blood alcohol concentration of at least 0.149%, while under the influence of alcohol at the same time as the c string of the c gring-gu, Ansan-si, Ansan-si, Ansan-si, the Defendant was driving at the section of approximately 85 meters.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the said vehicle while under the influence of alcohol, despite the difficult condition of normal driving, such as a string, a string and face with red, and led it to bypass the said vehicle at a speed of about 40 km per hour from the embankment of the Ansan Industrial High School to the slope of the ancient

A person engaged in driving a motor vehicle who is engaged in driving a motor vehicle shall reduce speed in advance so that it does not interfere with another motor vehicle that is proceeding normally on the right edge if it became a right edge, while a person who is engaged in driving a motor vehicle has a duty of care to operate a motor vehicle safely by accurately manipulating the hand, but has a right of care to operate the motor vehicle safely, as above, the influence of the driver's driving of the motor vehicle, which led to a collision on the left left side of the victim's ES7 motor vehicle's driving, which was driven normally at the right edge of the center line.

As a result, the Defendant was negligent in driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, while neglecting the duty of care, resulting in the victim D and F with an injury requiring medical treatment for 21 days, such as climatic salt, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

1. Notification of the control of drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on accident-related photographs;

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. Each selective fine for punishment;

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