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(영문) 수원지방법원 성남지원 2013.10.18 2013고정1528
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person engaged in driving a B-to-pur vehicle.

On March 12, 2012, the Defendant driven the said car while under the influence of alcohol 0.163% of blood alcohol concentration on March 12, 2012, and led the Defendant to drive the said car along the three-lane road of 6450 prior to Sungnam-si, Taenam-si, Taenam-si, Taenam-si, along a single-lane from the boundary of the central market.

At the time, since it is the night and a road with a large volume of traffic, there was a duty of care to safely drive a person engaged in driving a motor vehicle by checking the right and the right of the front and the right.

Nevertheless, the Defendant did not see the front side in a situation where normal driving is difficult due to such influence of drinking as above, and was driven by the victim C(57 years old) driver, who was driven at the front side of the lane that the Defendant driven by negligence, and was driven by the victim C(57 years old), as part of the front part of the vehicle driving by the Defendant.

As a result, the Defendant suffered from around two weeks of medical treatment to C due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A written report from an employee of an employer;

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

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

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