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(영문) 수원지방법원 평택지원 2016.02.18 2015고단1750
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of Csch Rexton car.

On October 15, 2015, the Defendant driven the said car under the influence of alcohol content of 0.207% during blood transfusion around 15:00, while driving the said car, and driving the two-lane road in front of Pyeongtaek-siD at Pyeongtaek-si, along one lane, from the direction of the Thutan Civil Center, the Defendant continued to drive at the speed of about 30km per hour at the Chutan Civil Center along one lane.

At the same time, there was an intersection where signal lights are installed, so the driver of the motor vehicle had a duty of care to safely drive the motor vehicle while keeping the front door well and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant, while neglecting it, received from the front direction of the Defendant’s driving to the front end part of the F Fsch Rexton car standing in the signal atmosphere from the Defendant’s driving direction, and due to its shock, the Defendant got off the front end part of the Defendant’s passenger car, and caused the said Fsch Rexton car to be pushed off in the front end by the victim G (43 tax) who was parked in the front direction while driving the said Fsch Rexton car in the front direction.

Ultimately, the Defendant suffered injury to the victim G and the victim I (38 tax) who was on board the said truck due to the above occupational negligence in a state where normal driving is difficult due to the influence of drinking, such as salt dump, tension, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to G or I by the police;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

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

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

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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