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(영문) 수원지방법원 안산지원 2014.08.28 2014고정1207
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On April 9, 2014, the Defendant, while under the influence of alcohol 0.176% of the blood alcohol concentration at around 14:00, driven a B-to-pur-car car, and proceeded at a speed of about 40 km per hour at a speed of about 40 km in the city of Si-gu Park as the Corporation 2 as the Si-to-si Corporation 2 as the city of Si-to-si.

At all times, there was a crosswalk on which signal lights are installed, and since the victim C(the age of 48) followed D freight cars driven by the victim C(the age of 48), the driver had a duty of care to ensure the safety distance that can be well able to see and avoid, and to accurately operate the steering and brakes.

Nevertheless, the defendant neglected this and failed to operate the brakes properly, and received the back portion of the above cargo vehicle, which was sent by negligence, in front of the above vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and the Defendant suffered the shoulder part, the top part, the top part, etc. where the number of days to be treated is unknown to the victim C.

2. The Defendant, while under the influence of alcohol concentration of 0.176% at the above temporary border, was driving a B-A-purd-purged car at approximately approximately 20 km from the B-hurg-dong, Nam-gu, Incheon to the 209 B-hurg-si Corporation as it was as it was from the B-hurged.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C (Simplified traffic);

1. The actual condition survey report;

1. A host driver report, and output paper;

1. Application of Acts and subordinate statutes to medical records and investigation reports (report on confirmation of the degree of damage C to a victim);

1. 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 the choice 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 53 and 55 of the Criminal Act for discretionary mitigation.

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