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(영문) 수원지방법원 여주지원 2013.11.04 2013고단872
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 14, 2013, at around 01:03, the Defendant operated a B cruise car with a difficulty of driving normally due to influence of alcohol that reaches 0.139% of blood alcohol level, and proceeded at a speed of about 20 km per hour, depending on two lanes in the direction of the head of Echeon-si in the direction of Echeon-si.

At the time, it was night and where the passage of vehicles was frequent, so in such a case, the driver of the vehicle has a duty of care to see the front side and operate the brake accurately and safely.

Nevertheless, the Defendant neglected this and found the victim C(the age of 26) driver who was under the influence of alcohol due to the negligence of the Defendant’s negligence, which led to the Defendant’s failure, at a late time, to drive the said vehicle, and received the back part of the said vehicle as the front part of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as spawn spawn, which requires approximately two weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. On-site photographs;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of a medical certificate;

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. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [ within the scope of adding up the long-term punishment of the crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) to the punishment heavier than the punishment];

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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