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(영문) 창원지방법원 2015.06.10 2015고정447
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

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 engaging in driving a car B;

On January 23, 2015, at around 19:45, the Defendant was under the influence of alcohol by 0.10% of blood alcohol concentration 0.10%, and the Defendant had a duty of care to look at the front side and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and to prevent the accident by accurately manipulating the steering direction and the brake system in the middle side of the creative sea.

Nevertheless, the Defendant got out of the front part of the car driven by the Defendant after the victim C (the 39-year-old and female) who was stopping the vehicle at the front of the driving direction due to the negligence of driving the vehicle while it is difficult to drive the vehicle normally due to the influence of drinking, due to the influence of drinking, was driven by the front part of the vehicle driven by the Defendant.

The Defendant, by the foregoing negligence, suffered injury in need of two weeks’ medical treatment, such as acute fluoral salt fluor, from the victim.

2. The Defendant violated the Road Traffic Act (driving) driven the said vehicle at a section of about 12 km from the front side of the Seongdong-gu Seongbuk-gu Busan Accounting Corporation at Changwon-si to the Jinhae-gu at the same time, under the influence of 0.10% of alcohol concentration in the light of the time stated in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report and a traffic accident report report on actual condition investigation report;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

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

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the selection

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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