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(영문) 수원지방법원 안산지원 2015.09.16 2015고단2340
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, the fine shall be 100.

Reasons

Punishment of the crime

1. Around 20:20 on July 16, 2015, the Defendant driven CM5 vehicle under the influence of alcohol with a blood alcohol content of about 0.27% at a section of about 300 meters from the 300-meter radius to the front road of the court distance located in the same Dong located in Ansan-si, Ansan-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was under the influence of alcohol level 0.227% at the above temporary border, and the Defendant driven the said car and made a left-hand turn to the left-hand turn at a speed of about 20 km from the lake Park to the elementary school for the promotion of Ansan-si.

Since there is a signal signal, there was a duty of care to safely drive the steering system by accurately manipulating the steering and operating the steering system on the opposite side.

Nevertheless, the Defendant neglected to drive under the influence of alcohol while it is difficult for the Defendant to drive the car normally due to the influence of alcohol, and was driven by the victim D(the age of 31) driven by the victim D(the age of 31) on the opposite lane, the left side of the BM5 car was the front part of the MF5 car.

Ultimately, the Defendant suffered injury to the victim D and the victim F (year 31) who was on board the said victim’s car due to the above occupational negligence, such as brain salva for three weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving) and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime as provided in the corresponding Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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