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(영문) 의정부지방법원 고양지원 2015.06.25 2015고정397
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving cars and freight cars;

On November 29, 2014, at around 21:15, the Defendant driven the above cargo while under the influence of alcohol of 0.132%, and proceeded to turn to the left at the direction of the high 119 regions in the direction of the main post office in order to turn to the left.

At the time of night, the view is restricted at night, and the above intersection has a signal and crosswalk installed with flickering signal, so in such a case, there was a duty of care to prevent the traffic accident in advance by driving the crosswalk well by making it difficult for a person engaged in driving the motor vehicle to see whether there is a pedestrian or not, while driving the motor vehicle.

Nevertheless, the defendant neglected this and went to the left without examining whether or not there is a pedestrian in the direction of the driving where it is difficult to drive the vehicle normally due to influence of drinking, due to the occupational negligence of the defendant's cargo vehicle and the left turn to the left, and the front side of the 119 area higher than the 119 area higher than the 119 area higher than the 18th area higher than the 18th area higher than the 18th area higher than the 19 area higher than the 18th area higher than the 19 area higher.

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim, such as the left-hand lady salt, which requires approximately two weeks of medical treatment.

2. On November 29, 2014, the Defendant driven a C-wing truck under the influence of alcohol concentration of 0.132% at the section of about 10 meters from the 10-meter radius to the intersection in front of the said altitude 119 area, in order to drive a C-wing truck, while under the influence of alcohol leveling 0.132% from the 10-meter radius.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and the actual condition report of the driver;

1. The Acts and subordinate statutes of a medical certificate.

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